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HomeMy WebLinkAbout10/20/04 AGENDA FILE 239 4th Street · Bremerton, WA 98337 ,, Phone (360) 478-5280 · Fax (360) 478-5251 OCTOBER 20, 2004 CITY COUNCIL MEETING AGENDA 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in Council Conference Room A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in Council Chambers A. Pledge of Allegiance B. Invocation - 3. MAYOR'S REPORT 4. PUBLIC SERVICE ANNOUNCEMENTS '_.~.~.~ 5. CONSENT AGENDA A. Claims & Check Register (#AB04-210) B. Minutes of Meeting - October 6, 2004 (#AB04-211) C. Minutes of Meeting - October 13, 2004 (#AB04-212) D. Reappointment of Sharon Cromley to the Bremerton Housing Authority Board of Directors (#AB04-213) E. Appointment of Sharon Shrader to the Bremerton Housing Authority Board of Directors / (#AB04-214) F.Appointment of Sheldon Parr to the Public Access Citizens Advisory Committee (#AB04-215) G.10-Year Renewal of Concession Agreement with KITSAP COMMUNITY RESOURCES (#AB04-216) H. Professional Services Agreement with GEOENGINEERS for Geotechnical Evaluation for ~.~ Stabilization of NAD Park and the McKenna Falls Watershed Entrance (#AB04-217) 6. NEW BUSINESS A. Acceptance of Hazard Mitigation Grant No. E05-104 for Reservoir Seismic Upgrades ~ ~:~ (#AB04-218) 7. PUBLIC HEARINGS - ORDINANCES AND RESOLUTIONS A. Approval of Draft 2005 CDBG Advisory Committee Recommendations (#AB04-219) "7 B. Ordinance [First Reading] vacating a podion of the North/South Alley between 13th and 16th Streets; and a portion of 15th Street between Broadway and Warren Avenues (#AB04-220) C. Ordinance [First Reading] vacating a portion of Coontz Street lying between Callow Avenue and Charleston Boulevard; and the alley lying between Coontz Street and Charleston Boulevard (#AB04-221) D. Ordinance [First Reading] amending Chapter 21.22 of the Bremerton Municipal Code relating to Appeals of Critical Areas Land Use Decisions and Enforcement of Violations of the Critical Areas Code (flAB04-222) (Continued on back...) E-mail: citycouncil@ci.bremerton.wo.us · Web: www. ci.bremerton.wo,us E. Ordinance [First Reading] creating a New Chapter of the Bremerton Municipal Code relating to the Regulation and Use of Motorized Wheeled Transportation Devices within the City (#AB04-223) /E,~' Resolution No. 2945, authorizing an Interfund Loan Extension from the "Equipment Rental & Reserve Fund (510)" to the "Wastewater Fund (451)" in an amount Rot to exceed $2.5 million (#AB04-224) Resolution No. 2946, authorizing an Interfund Loan Extension from the "Equipment Rental ~)~-II ¢/~ & Reserve Fund (510)" to the ULID No. 2002-01 Fund in an amount not to exceed $1,056,384 (#AB04-225) 8. PUBLIC RECOGNITION 9. COUNCIL MEMBER REPORTS 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING [] Americans with Disab#ities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. CITY COUNCIL MEETING SPEAKERS LIST PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF BREMERTON MUST BE SUBMITTED IN WRITING. THANK YOU. PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO SPEAK DURING THE COUNCIL MEETING TONIGHT AGENDA BILL CIFY OF BREMERTON CITY COL~ICIL SUBJECT: Approval of Claims and Checks Committee Meeting Date: Register COUI'_, ICIL MEETING Date: Department: Financial Services Presenter: Cathy Johnson Phone: 473-5296 SUMMARY: Consem agenda item. Approval of payroll, checks and electronic fund transfers. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount):. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: CONSENT AGENDA COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to Approve: ~(~ ~/ -- (~ ~ ~>7 1) Check~'s ~ffy~¢ t~ongh and EFT's .~ 7 ~rough (~ ~' ?~ in the amount ors ~ ~] ~, 2) Regular Payroll for the pay period ending_ in the amount of $ 3) Retiree Payroll for the pay period ending in the amount of $ COUNCIL ACTION: [] Approve [] Den5' [] Table [] Continue [] No Action DATE SUBMITTED: OCTOBER 11, 2001~ BILL AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A OCTOBER 6, 200/~ COUNCIL MEETING Date: OCTOBER 20, 2004 Department: City Council Presenter: Damn Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held OCTOBER 6, 2004 ATTACHMENTS: Minutes for OCTOBER 6, 2004 FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: ~ //~rlzx.a~ RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. COUNCIl, ACTION: ['-I Annrove [~ Den',, [~ Table [--] Continue ,I~ No Action TAPE #1974 CITY COUNCIL MEETING MINUTES Wednesday, October 6, 2004 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, October 6, 2004, at 5:30 P.M., with Council President Damn Nygren presiding. Council members present were Mike Short, Will Maupin, Carol Arends, Dianne Robinson, Cecil McConnell, and Brad Gehring. Council Members Wendy Priest and Mike Shepherd were absent. Aisc present were Assistant City Attorney Brett Vinson; City Clerk Paula Johnston; and Legislative Assistant Lcd Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McOonnell, followed by the invocation provided by Pastor Roqer Henni,qan of Apostolic Life Tabernacle. President Ny,qren made the following announcements: 1. A Pre-Council session was held in the Council Conference Room from 5:00 to 5:30 PM to discuss General Council Business; and thanked Mayor Bozeman for presenting his "2005 Budget Priorities"; 2. Item 5C will be pulled from the CONSENT AGENDA and heard as Item 6B under NEW BUSINESS; 3. A 15-Minute Executive Session regarding "PENDING LITIGATION" per R.C.W. 42.30.110(1)(i) will be held in the Council Conference Room prior to the adjournment of the meeting; and it is anticipated that Council will take action on this item. MAYOR'S REPORT · He will attend the AWC Legislative Committee meeting tomorrow morning in Seattle to discuss "How Cities Can Finance Transportation & Infrastructure"; · Asked President Nyqren for two appointees from the City Council to serve on an Interview Panel for the new Finance Director, which will take place in mid-November; · The "2005 Budget Proposal" will soon be ready for distribution to the Council; · Was pleased to announce that "E-Acceleration" will be moving into the old Manette School, bringing high-tech jobs downtown; · Kitsap Federal Community Credit Union has invited the Council to the Ground Breaking Ceremony for their new Corporate Office at the KITSAP CONFERENCE CENTER at BREMERTON HARBORSIDE on Monday, October 18 from 2:00 to 4:00 PM; and thanked Gary Sexton for his efforts in bringing this building downtown; · Kitsap Business Journal will begin a marketing campaign that features Bremerton; and · The Grand Opening Celebration for the NORM DICKS GOVERNMENT CENTER is scheduled for Saturday, October 23 beginning at 11:30 AM; and noted that City Hall would be relocating to the new building on October 25 & 26. PUBLIC SERVICE ANNOUCEMENTS On behalf of Mike Shepherd of District 5, President Daren NyRren presented the "City Pride Program Award" for the "Month of September 2004" to Robert Caires~ Jr. CONSENT AGENDA A. Check numbers 294303 through 294460, EFT-6452 through EFT-6454, EFT-6456; and EFT-6456 through EFT-6464 in the amount of $778,205.55 (#AB04-199) B. Minutes of Meeting - September 29, 2004 (#AB04-200) TAPE #1974 City Council Reg. Mtg. Minutes Wednesday, October 6, 2004 Page 2 of 4 (#,~,BO~, 20! ) Heard under New Business as Item 6B D. Sole Source Purchase of Fleet Management Software from CARTEGRAPH SOFTWARE (#AB04-202) #0210 MISlCIU (McConnell/Arends) Move to approve the Consent Agenda as presented. 6A - U.S. DEPARTMENT OF JUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) FOR FY 2004 (#AB04-203): Tim Sholtis, Police Department, stated that the Department of Justice awarded the City of Bremerton $26,402.00 through the LLEBG formula program. The City has a cash match of $2,934.00 over the grant period October 1, 2004 to September 30, 2006. The funding is used towards the purchase of police vehicles. There were no comments from the public. #0245 M/S/C/U (McConnell/Arends) Move to approve and accept this Local Law Enforcement Block Grant for $26,402.00 subject to the special conditions and terms for grant administration. 6B - PROFESSIONAL SERVICES AGREEMENT WITH TECHNICAL SERVlCES~ INC. FOR ON-CALL SERVlCE~ DESIGN~ PROGRAMMING~ TRAINING~ AND OTHER SERVICES AS NEEDED BY THE WATER UTILITY (#AB04-201): Kathleen Cahall, Water Resources Manager, mentioned that the Bremerton Water System has a sophisticated computer system that provides controls, security, and alarms for water resources, treatment, and distribution. This system is comprised of many individual control units, data inputs, and alarms. The Utility is in the final stages of converting the telephone system to a radio system, and will continue upgrading the control and security of the water system. TECHNICAL SERVICES, INC. has performed much of the integration of this system and is well qualified and skilled in this type of technical work. This contract would provide on-call service, design, programming, training, and other services as needed by the Water Utility, not to exceed $40,000 per year. Brett Vinson, Assistant City Attorney, explained that the Legal Department recommended bringing this item from the Consent Agenda down to New Business to explain the modifications to the termination-language of the contract. There were no comments from the public. #0325 M/S/C/U (Arends/McConnell) Move to approve the Professional Services Agreement with TECHNICAL SERVICES, INC. not to exceed $40,000 per year and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. 7A- ORDINANCE NO. 4910 [SECOND READING1 AMENDING ORDINANCE NO. 4883 RELATING TO THE CITY OF BREMERTON'S "2004 ANNUAL BUDGET" (#AB04-197): The first reading of the ordinance was heard on September 29, 2004. Michael Wilson, Finance Director, summarized the budget amendments, and was available to answer any questions. There were no comments from the public. #0662 M/S/C/U (McConnell/Maupin) Move to pass Ordinance No. 4910 on second reading, which amends Ordinance No. 4883 relating to the City of Bremerton "2004 Annual Budget". 7B - ORDINANCE [FIRST READING1 AMENDING SECTION 2.18.020 OF THE BREMERTON MUNICIPAL CODE RELATING TO THE AUDIT COMMITTEE (#AB04-204): Brett Vinson., Assistant City Attorney, mentioned that the proposed ordinance amends the provisions of BMC TAPE #1974 City Council Reg. Mtg. Minutes Wednesday, October 6, 2004 Page 3 of 4 Section 2.18.020 relating to the Auditing Committee by providing for the election of a Vice- Chairman and clarifying the duties of the Chairman and Vice Chairman. Mr. Short, Audit Committee Chairman, clarified that the Audit Committee Chairman does not have the authority to authorize anything without the approval of the Audit Committee. There were no comments from the public. #0725 M/SIC/U (Short/McConnell) Move to approve the proposed ordinance on first reading. 7C - RESOLUTION NO. 2942 TO SET A HEARING DATE OF OCTOBER 207 2004 FOR VACATING A PORTION OF THE NORTH/SOUTH ALLEY BE'rVVEEN 13TM AND 16TM STREETS; AND A PORTION OF 15TM STREET BE'rVVEEN BROADWAY AND WARREN AVENUES (#AB04-205): Luke Korpi, City Engineer, explained that the City received a petition from Olympic College to vacate a portion of the north/south alley between 13th and 16th Streets, and a portion of 15th Street between Broadway and Warren Avenues. Olympic College incorporated the proposed vacated area into the new student parking lot. Olympic College is grating a public access easement to the City. In addition, Olympic College is dedicating Broadway Avenue for public use. Therefore, no compensation is required for this right-of-way vacation. Since Olympic College is a governmental agency, compensation may also be waived for that reason. The City Council is being requested to establish a hearing date of October 20, 2004, to consider the proposed vacation. There were no comments from the public. #0768 M/S/C/U (McConnell/Maupin) Move to pass Resolution No. 2942 setting a hearing date of October 20, 2004, for vacating a portion of the north/south alley between 13~' and 16~" Streets, and a portion of 15~' Street between Broadway and Warren Avenues. 7D - RESOLUTION NO, 2943 TO SET A HEARING DATE OF OCTOBER 20~ 2004 FOR VACATING A PORTION OF COONTZ STREET LYING BETWEEN CALLOW AVENUE AND CHARLESTON BOULEVARD; AND THE ALLEY LYING BETWEEN COONTZ STREET AND CHARLESTON BOULEVARD (#AB04-206): Luke Korpi, City Engineer, summarized that the City received a petition from Kitsap Transit to vacate the portion of Coontz Street lying between Caltow Avenue and Charleston Boulevard and the alley lying between Coontz Street and Charleston Boulevard. With the completion of the Gateway Project, Coontz Street and the alley became dead right-of-way with no public cimulation needs. This is a Class 11 right-of-way. The petitioner paid compensation in the amount of $13,628.55 in accordance with BMC 11.20.140. The City Council is being requested to establish a hearing date of October 20, 2004, to consider the proposed vacation. There were no comments from the public. #0845 M/S/C/U (Arends/Robinson) Move to pass Resolution No. 2943 setting a hearing date of October 20, 2004, for vacating the portion of Coontz Street lying between Callow Avenue and Charleston Boulevard and the alley lying between Coontz Street and Charleston Boulevard. PUBLIC RECOGNITION - There were no questions or comments this evening. EXECUTIVE SESSION - The Council reconvened after a 25-minute Executive Session in the Conference Room where they discussed "POTENTIAL LITIGATION" per R.C.W. 42.30.110(1)(i). There were no comments from the public. TAPE #1974 City Council Reg. Mtg. Minutes Wednesday, October 6, 2004 Page 4 of 4 #1255 M/S/CIU (McConnell/Arends) Move to authorize the City Attorney to consent to a dismissal of City of Bremerton vs. KCM, Inc., Kitsap County Superior Court No. 03-2-01347-3. COUNCIL MEMBER REPORTS Will Maupin reported on the District 6, 7, 8, & 9 Community Meeting held a few weeks ago; Carol Arends announced that West Hills Elementary would hold an Open House tomorrow night, October 7 at 5:00 PM; and October 17 through 23 would be "National School Bus Safety WeeN'. Cecil McConnell announced that he and Brad Gehrin.q would be hosting a District 1 & 2 Community Meeting on Thursday, October 21, beginning at 6:00 PM at the Sheridan Park Recreation Center located at the corner of Lebo Blvd. and Claire Avenue to discuss "Emergency Preparedness". Daren Nyqren thanked the ILLAHEE FOREST STEWARDS for hosting a recent tour of the ILLAHEE FOREST RESERVE, and encouraged anyone to take a similar tour if they get the opportunity. With no further business, the meeting of the City Council was adjourned at 6:44 P.M. Prepared and Submitted by: LO~I SMITH ? Legislative Assistant Attest: PAULA JOHNSTON, City Clerk DAREN NYGREN, City Council President City of Bremerton DN/PJ/Is/cge 5 DATE SUBMITTED: OCTOBER 14, 2004 BILL #_~)t~_ AGENDA BILL CITY OF BREMERTON 5C CITY COUNCIL SUBJECT: Minutes of Meeting- Committee Meeting Date: N/A OCTOBER 13, 2004 COUNCIL MEETING Date: OCTOBER 20, 200/4 Department: City Council Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held OCTOBER 13, 2004 ATTACHMENTS: Minutes for OCTOBER 13, 200/4 FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: ~ ~ RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. CO['~rNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action TAPE #1975 CITY COUNCIL MEETING MINUTES Wednesday, October 13, 2004 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4t~ Street, Bremerton, Washington, Wednesday, October 13, 2004, at 5:30 P.M., with Council Vice President Cecil McConnell presiding. Council members present were Mike Short, Will Maupin, Dianne Robinson, Mike Shepherd, Wendy Priest, and Brad Gehring Council Member Carol Arends and Council President Daren Nygren were absent (President Nygren is with a delegation visiting Bremerton's Sister City in Kure, Japan). Also present were City Attorney Roger Lubovich, City Clerk Paula Johnston; and City Council Assistant Christine Grenier Ellingson. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Pastor Larry Robertson of Emmanuel Apostolic Church. Vice President McConnel! made the following announcements: 1. A Study Session was held in the Council Conference Room during the Pre-Council session to discuss the "Proposed Interlocal Agreement Concerning Law and Justice Sales Tax Revenue" with Kitsap County Prosecutor Russell D. Hauge; 2. Emergency Resolution No. 2944 was added to the agenda and will be heard as Item 4B under PUBLfC HEARINGS; and 3. Council will meet for a LEGISLATIVE REVIEW SESSION in the Council Conference Room immediately following the Council Meeting; and reminded citizens that this meeting is open to the public. PUBLIC SERVICE ANNOUCEMENTS Helen Miller announced that the Navy Yard City Neighborhood Committee would be holding an ongoing neighborhood garage sale this Friday, October 15th through Sunday the 17th, from 9:00 AM to 4:00 PM, as well as the following weekend from October 22 through 24th at 720 S. Charlotte Avenue. CONSENT AGENDA A. Check numbers 294461 through 294495; EFT-6467 through EFT-6469 and EFT-6471 through 6473; and P6467 in the amount of $708,903.16 (#AB04-208) #0025 M/S/C/U (PriestJShort) Move to approve the Consent Agenda as presented. 4A- ORDINANCE NO. 4911 [SECOND READING] AMENDING SECTION 2.'18.020 OF THF BREMERTON MUNICIPAL CODE RELATING TO THE AUDIT COMMITTEE {#AB04-204): The first reading of this ordinance was heard on October 6, 2004. o There were no comments from the public. #0075 M/S/C (ShortJMaupin) Move to pass Ordinance No. 4911 on second reading. Voted In Favor of the Motion: Priest, Robinson, Maupin, Short, Gehring, McConnell Abstained: Shepherd Motion carried: 6-yes; 1-Abstention 4B - EMERGENCY RESOLUTION NO. 2944 DECLARATION OF EMERGENCY - THE BRENTWOOD FORCE MAIN (#AB04-209): Phil Williams, Director of Public Works & Utilities explained that 670 feet of a 42 inch corrugated metal (CMP) storm line that drains portions of TAPE #1975 City Council Reg. Mtg. Minutes Wednesday, October 13, 2004 Page 2 of 3 SR3 and Kitsap Way, as well as surrounding private property, is in very poor condition and needs to be repaired before wet weather season ardves. He pointed out that spot repairs have been completed on this line in the past, but awareness of its overall condition was only recently discovered. In eady October, a TV inspection was conducted of the entire length of this line, which revealed the bottom of the pipe was completely failed in many locations, but particularly in the upper 300 feet. The Utilities Operations Manager recommends this line be repaired immediately. The primary risk is a large storm event may cause total failure of the line and extensive property damage. The Stormwater budget for 2004 did not anticipate this project. There is approximately $26,000 left in the 2004 stormwater budget for capital, but this is insufficient to complete the work. It is recommended that Council pass the Resolution declaring an emergency, and instruct staff to apply for an emergency loan from the Public Works Trust Fund for $200,000. The recommended remedy is use of Cured in Place Pipe (ClPP) technology from either INSlTUFORM or GELCO. A closer estimate of costs for this work will be obtained in approximately one week, and Council will be provided an update at that time. RCW 39.04 280(1)(c) specifically authorizes a municipality to waive competitive bidding requirements for purchases in the event of an emergency, and BMC 2.76.600(a)(3) provides the City is not required to seek competitive bids to effectively respond to emergencies. It is recommended City Council declare an emergency and authorize repair of the Brentwood Avenue Force Main. Wayne Hamilton, Utilities Operations Manager added that the pipe was originally installed in 1969, and that sections along the bottom of the pipe have rusted through completely. There were no comments from the public. Mr. Maupin pointed out that following the rate study, a list of necessary projects was formed and that this project was not listed and therefore asked how the additional expense would be handled. Mr. Williams answered that the rate study allowed for funding of emergency projects and that this project would easily fall into that category. The loan for this project could be paid off by the end of next year with no major changes being made to the budget. Mr. Short emphasized that potential liability would be far greater if the City were to wait on doing the repair work. Ms. Priest asked over what period of time the City has to repay the loan. Mr. Williams stated that the loan is amortized over 20 years, but since the rate is higher on emergency loans, the City has time to pay off the loan whenever possible. Mr. Shepherd asked if declaring an emergency would make the City eligible for FEMA funding or additional funding sources available to get the work done as soon as possible. Mr. Williams responded that if the emergency funds were not available then a short-term interfund loan from the Equipment Rental Reserve Fund may have to be considered as an alternative. Ms. Robinaon asked if any other pipes could have similar problems. Mr. Williams said that there have been repairs done in the past few years and would not rule out the need for future pipe repairs. #0425 MISlCIU (Gehring/Shepherd) Move to approve Resolution No. 2944 declaring an emergency, authorizing the Mayor to apply for an emergency loan from the Public Works Trust Fund to repair 6'70 feet of the Brentwood Avenue Storm Line, and further authorizing the Mayor to enter into any contracts necessary to complete the work subject to loan approval and requisite budget adjustments. TAPE #1975 City Council Reg. Mtg. Minutes Wednesday, October 13, 2004 Page 3 of 3 With no further business, the meeting of the City Council was adjourned at 5:57 P.M The Council reconvened in the Council Conference Room for a LEGISLATIVE REVIEW SESSION to hear presentations on upcoming agenda items. Prepared and Submitted by: CHRISTINE GRENIER ELLING~ON Council Assistant Attest: PAULA JOHNSTON, City Clerk CECIL McCONNELL, City Council Vice President City of Bremerton CM/PJ/Is/cge 9 DATE SUBMITTED: October l, 2004 BILL AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Reappointment to the Committee Meeting Date: October 13, 2004 Bremerton Housing Authority COUNCIL MEETING Date: October 20, 2004 Board of Directors Department: Executive Presenter: Mayor Bozeman Phone: 5266 SUMMARY: The term of service has expired for the Resident Commissioner, Sharon Cromley, and it is recommended she be reappointed to another term. ATTACHMENTS: Application for appointment. FISCAL IMPACTS (Include Budgeted Amount): n/a APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: MAYoR:FINANCE DIRECTOR: ~____~~..,,.~_ _ FISCAL/BUDGET: (/: _~,~,.._,.~ ............ -- CONSENT AGENDA ~ OPE~TIONS: / ~COMMENDED MOTION: Motion to confirm the reappointment of Sh~on Cromley to the Breme~on Housing Authority Board of Directors. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 20 APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) DATE.~;~ NAME: Sharon Cromle¥ HOME PHONE:__ HOME ADDRESS: ., , STATE WA ZiP CODE 98310 WORK PHONE: . ~-MAIL: FAX: LOCAL REFERENCES (name & phone number): I AM INTERESTED IN SERVING ON (please check one or more): ) Disability Action Committee ( ) Planning Commission (18 yrs. & older) ) Civil Service Commission(18 yrs. & older) ( ) Parks & Recreation Commission ) Urban Forest Committee ( ) Ethics Commission ) Public Access Citizens Advisory Committee ( ) Parking Advisory Board ) Community Development Block Grant ( ) Solid Waste Management Advisory Committee ~'la) Bremerton Housing Authority ) Youth Council ( ) Board of Appeals, Housing/Building Codes ) Safe Streets Steering Committee ( ) Mayor's Select Committee on Law ) Citizen's Commission on Council Salaries Enforcement { ) Other Is this an application for reappointment? If yes, how many years have you served on this commission/committee? Please turn page 9/01 11 WHY ARE YOU APPLYING FOR THIS APOINTMENT? WHICH OF YOUR PERSONAL AND/OR PROFESSIONAL INTERESTS PROMPTED YOU TO APPLY FOR THIS APPOINTMENT: HAVE YOU SERVED ON ANY OTHER BREMERTON BOARD, COMMISSION, COMMITTEE OR TASK FORCE7 ~ Y~,, PLEASE LIST: PLEASE LIST YOUR QUALIFICATIONS FOR THIS APPOINTMENT (INCLUDE SKILLS, ACTIVITIES, TRAINING, EDUCATION): ~HAT A~E YOU~ CO~UNITY INTERESTS (COmmITTEES, O~ANIZATIONS, SPECIAL ACTIVITIES}7 We welcome your willingness to serve Bremerton. Please return this completed form to: Mayor's Office (360) 478-5266 239 4'h Street (360) 478-5883 FAX 12 DATE SUBMITTED: October 1, 2004 BILL # ~4 - ,~!: ~ AGENDA BILL CITY OF BREMERTON 5 ~ CITY COUNCIL SUBJECT: Appointment to the Committee Meeting Date: October 13, 2004 Bremerton Housing Authority COUNCIL MEETING Date: October 20, 2004 Board of Directors Department: Executive Presenter: Mayor Bozeman Phone: 5266 SUMMARY: There is a vacancy on the Bremerton Housing Authority Board of Directors due to the term expiration of Shawlee Lee. It is recommended the vacancy be filled by Sharon Shrader. ATTACHMENTS: Application for appointment. FISCAL IMPACTS (Include Budgeted Amount): n/a APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: ~ Jy MAYOR: ~__~_~.~_... ~-~-~-.~ ~. OPE~TIONS: ~..~ ~: (}r¢__¢_' ~] CONSENT AGENDA ~ / ~COMMENDED MOTION: Motion to confirm the appoimment of Sh~on Sharder to the Breme~on Housing Authority Board of Directors. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 13 APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or(~nt clearly):~) DATE: .~- ~ OCCUPATION: EMPLOYER: WORK PHONE: E-MAIL:~ E~.~ FAX: BUSINESS ADDRESS: ~/~ ~ ~. ~ LOCAL REFERENCE~ (name & phone number): / I AM INTERESTED IN SERVING ON (please check one or more): ( ) Disability Action Committee ( ) Planning Commission (18 yrs. & older) ( ) Civil Service Commission (18 yrs. & older) ( ) Parks & Recreation Commission ( ) Urban Forest Committee ( ) Ethics Commission ( ) Public Access Citizens Advisory Committee ( ) Parking Advisory Board ( ) Community Development Block Grant ( ) Solid Waste Management Advisory Committee ~) Bremerton Housing Authority ( ) Youth Council ~) Board of Appeals, Housing/Building Codes ( ) Safe Streets Steering Committee ( } Mayor's Select Committee on Law ( ) Citizen's Commission on Council Salaries Enforcement ( ) Other Is this an application for reappointment? If yes, how many years have you served on this commission/committee? Please turn page --~ WHY ARE YOU APPLYING FOR THIS APOINTMENT? ~- 7.-/ ., . 'x · . :-. WHICH OF YI)UR PERSONAL/~N~)/ORuPROFESSlONAL I~TERESTS PROMPTED YO~TO APPLY FOR THIS APPOINTMENT: .,/..~-~ /,~./,.~ : '~5/~:,-.~/ ~> ~oX L~,~ HAVE YOU SERVED ON ANY OTHER BREMERTON BOARD, COMMISSION, COMMITTEE OR TASK FORCE? IF YES, PLEASE LIST: PLEASE LIST YOUR QUALIFICATIONS FOR THIS APPOINTMENT (INCLUDE SKILLS, ACTIVITIES, TRAI,~I~/G, EDUCATIOI~./~ ,z ' t ' ' L ' , WHAT ARE YOUR COMMUNITY INTERESTS (COMMITTEES, ORGANIZATIONSJ SPECIAL AC~TIVITIES)~ ~, , . _ . ~. _ .___ , . ,... Mayor's Office (360) 473-5266 239 4~ Street (360) 473-5883 FAX Bremerton, WA 98337 ~ E-maih mpyor~ci.breme~omwa, us DATE SUBMITTED: October 1, 2004 BILL # t)5/- AGENDA BILL CITY OF BREMERTON 5 CITY COUNCIL SUBJECT: Appointment to the Committee Meeting Date: October 13, 2004 Public Access Citizens Advisory Committee COUNCIL MEETING Date: October 20, 2004 Department: Executive Presenter: Mayor Bozeman Phone: 5266 SUMMARY: There are two vacancies on the Public Access Citizens Advisory Committee. It is recommended one of the vacancies be filled by Sheldon Parr. ATTACHMENTS: Application for appointment. FISCAL IMPACTS (Include Budgeted Amount): n/a APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: .... '5. ; Z-~ I CONSENT AGENDA OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Motion to confirm the appointment of Sheldon Parr to the Public Access Citizens Advisory Committee. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 16 APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) DATE: : .AME:!g HOME PHO.E: HOME ADDRESS: STATE,~ /~ ZIP CODE ',/ ~, OCCUPATION: -: ~ ~:'/ ~ EMPLOYER: WORK PHONE: E-MAIL: [)(?(L ~ TV' ~ ',,, g~ ,,:-,~c~AX: BUSINESS ADDRESS: EDUCATION: ~ ~,~ : ':-~ I ' .... LOCAL REFERENCES (name & phone number): , , ~ ~ ~ ~ ..... L' ~ I AM INTERESTED IN SERVING ON (please check one or more): ( ) Disability Action Committee Planning Commission (18 yrs. & older) ( ) Civil Service Commission (18 yrs. & older) Parks & Recreation Commission ( ) Urban Forest Committee Ethics Commission ~ Public Access Citizens Advisory Committee Parking Advisory Board ( ) Community Development Block Grant Solid Waste Management Advisory Committee Bremerton Housing Authority ( ) Youth Council Board of Appeals, Housing/Building Codes ( ) Safe Streets Steering Committee Mayor's Select Committee on Law ( ) Citizen's Commission on Council Salaries Enforcement ( ) Other Is this an application for reappointment? :P'~/,~. If yes, how many years have you served on this commission/committee? Please turn page 17 WHY ARE YOU APPLYING FOR THIS APOINTMENT? APPLY WHICH OF YOUR AND/OR PROFESSIONAL INTERESTS PROMPTED YOU TO THIS APPOINTMENT: HAVE YOU SERVED ON ANY OTHER BREMERTON BOARD, COMMISSION, COMMITTEE OR TASK FORCE? IF YES, PLEASE LIST: PLEASE LIST YOUR QUALIFICATIONS FOR THIS APPOINTMENT (INCLUDE SKILLS, ACTIVITIES, TRAINING, EDUCATION): . /t ' ' WHAT' ~A~E yOUR CO,v,,v, UNITy INTERESTS (COMMITTEES, ORGANIZATIONS, SPECIAL ACTIVITIES)? We welcome your willingness to ~erve Bremertonl Plea*0 r0turn th~, ~ompletad fOrm to: Mayor's Office (360) 473-5266 239 4~h Street (360) 473-5883 FAX Bremerton, WA 98337 E-mail: mayor@ci.bremerton.wa.us DATE SUBMI'ITED: 9/6104 BILL # AGENDA BILL CITY OF BREMERTON 5 CITY COUNCIL SUBJECT: Kitsap Community Resources Committee Meeting Date." Oct. 13,2004 Concession Agreement - Renewal COUNCIL MEETING Date: October 20,2004 Department: Parks & Recreation Presenter: J. Wroblewski Phone: 473-5429 SUMMARY: Ten years ago, the City of Bremeton entered into a concession agreement with Kitsap Community Resources to allow them to construct a building (Rosemary Moen Head Start Building) for their Head Start program on Parks & Recreation property at Eastpark The site is located on the comer of Homer Jones and Schley Blvd. This Head Start Program serves over 200 children annually and includes low income families, children and infants primarily from the Manette area. Kitsap Community Resources desires to renew this agreement for another ten year. In 2005, they will pay a concession fee of $1,440. Each year thereafter, there will be an increase based on the Consumer Price Index. The original agreement was approved by the National Park Service. ATTACHMENTS: Kitsap Community Resources Concession Agreement FISCAL IMPACTS (Include Budgeted Amount): 2005 concession fee - $1,440 APPROVALS: ~ ~ DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: OPERATIONS: 3 -'~-i RECOMMENDED MOTION: Move to authorize the Mayor to execute the agreement with substantially the same terms and conditions as presented COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 20 KITSAP COMMUNITY RESOURCES CONCESSION AGREEMENT THIS AGREEMENT is entered into by and between the City of Bremerton, a municipal corporation duly organized and existing under the laws of the State of Washington, (hereinal~er referred to as "City"), and the Kitsap Community Resources, (hereina~er referred to as "KCR"). Background: 1. The City is the owner of former United States Government surplus property known as "East Park;" and 2. The City and KCR wish to enter into a concession agreement for recreational and meeting facilities to serve the citizens of Bremerton; and 3. The Quit Claim Deed conveying title to East Park dated December 14, 1972, between the City and the United States under Covenant Number Three, provides that the City may provide related recreational facilities and services compatible with City's application through concession agreements entered into with third parties, such as KCR; Provided, however, That prior concurrence to such agreements is obtained, in writing, ~om the Secretary of the Interior or his delegated representative, the Regional Director of the Western Region, National Park Service, Department of the Interior; and 4. KCR acknowledges and agrees to abide by the limitations and requirements imposed upon the City by the deed of December 14, 1972 which is incorporated by reference; 5. KCR has been operating a facility on the subject property in excess often (10) years under a previous concession agreement. KCR and the City agree that KCR's continued use of the subject property under this agreement shall be the same as that under the previous agreement. In consideration of these mutual covenants and agreements, City agrees to allow KCR to provide services and facilities upon the real property described in Exhibit "A" attached and incorporated by reference. 1. TERM: KC R shall have the use of the area described as Exhibit "A," upon completion of conditions set forth herein, commencing on the date of this agreement, and continuing for a term often (10) years. Renegotiation of this Agreement shall not occur earlier than two years prior to termination of the then current term. 1 As condition precedent, this Agreement shall be subject to the KCR obtaining approval of all necessary state and federal authorities which have power to control disposition or use of the property here'm. 2. USE: An existing 4,000 square foot modular building will be used for low- income pre-school child care, senior leisure activities, lectures, and meetings. A pre-school playground has been developed for the KCR pre-school child care program and other park users. KCR will schedule building use for other community non-profit organizations and private parties during non-school hours on terms and conditions comparable to those for similar City park meeting facilities. The playground will be available for public park users during no-school hours. 3. LOCATION OF AREA WItERE ACTMTIES ARE TO BE CONDUCTED: KCR is to construct and operate its facility in the described as area as attached hereto in Exhibit "A" and by this reference made a part hereof. 4. CONCESSION CONSII)ERATION FEES AND COSTS: KCR shall pay an annual concession fee of One Thousand Four Hundred Forty Dollars ($1,440.00) for its use of the portion of East Park, described in Exhibit "A," payable in advance before January 1~t of each year. Effective January 1,2005, and on each succeeding January 1a. throughout the term of this Agreement, the annual payment shall be adjusted for the coming year by the percentage increase in the Consumer Price Index-Urban (CPI-U) for all U.S. cities as published by the U.S. Department of Labor, Bureau of Labor Statistics, for the immediately preceding calendar year. KCR shall maintain any improvements and landscaping of lawn areas in a clean, orderly and safe condition. 5. CONDITIONS SUBSEQUENT: KCR shall meet all the following conditions to keep this Agreement and use project as proposed: 6. OWNERSHIP OF IMPROVEMENTS: All improvements, furnishings, and equipment constructed or installed on the premises by KCR shall be personal property and KCR shall have legal title thereto during the term of this Agreement. Upon expiration or termination of this Agreement, KCR shall be allowed six (6) months to remove permanent improvements. If not so removed, title to all permanent improvements shall vest in City. Title to all supplies, furnishings, inventories, removable fixtures and removable equipment and other personal property shall remain in KCR and KCR shall have the right to remove such items from the 2 22 premises unless KCR is in default of this Agreement. If KCR is in default, City shall have the right to retain all property left on the premises. 7. LICENSES, PERMITS AND UTILITIES: KCR shall pay for all licenses, permits and utility fees necessary for KCR to conduct KCR's business on the premises. 8. BIENNIAL REPORTS: KCR shall furnish any and all information that may be required for inclusion in the City's biennial report to the National Park Service, United States Department of Interior. KCR shall submit an annual report to City, not later than one (1) month al~er the end of each year's anniversary date of the commencement of KCR's performance of this Agreement. This annual report shall summarize the funds collected and expended, improvements made, attendance, hours of operation, operations and programs available for use. 9. RECORDS: KCR shall keep sufficient records of finance, attendance, operations and improvements to provide information required for KCR's annual report and City's biennial report and its compliance with the nondiscrimination clauses herein set out. 10. AUDITS AND INSPECTIONS: KCR's records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by City during the performance of this Agreement. KCR further agrees to structure its auditing system in accordance with general accounting standards to be established by City. 11. ASSIGNI~IENTS/SUBCONTRACTING: KCR shall not assign any portion of this Agreement, except for purposes of financing, without the written consent of City and the National Park Service. Any assignment for other purposes shall be treated as a new concession contract and shall be renegotiated with City. 12. TERMINATION: This Agreement may be terminated upon written mutual agreement between the parties hereto and pursuant to the terms and conditions of this Agreement. City may unilaterally terminate the contract upon three (3) months written notice should KCR: a. Materially breach any provision of this Agreement; b. Fail to follow policy of the City's Parks system, as reflected in City's ordinances, rules, regulations and directives; or c. Fall to operate the subject business as a non-profit corporation with membership available to the public as set forth in Section 17 herein. 3 23 13. HOLD HARMLESS AND INDEMNIFICATION: KCR shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with KCR's performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. 14. INSURANCE: KCR, at its own expense, shall provide and keep in force with companies acceptable to City public liability insurance for the benefit of KCR and City jointly against liability for bodily injury and property damage in the amount of'not less than One Million Dollars ($1,000,000.00). KCR shall lhrnish City with a certificate of such policy within thirty (30) days of the commencement date of this Agreement and thereafter shall satisfy City that such policy is in full force and effect. Such policy shall name City as an additional insured and shall be primary and noncontributing with any insurance carried by City. The policy shall further provide that it shall not be canceled or altered without twenty (20) days prior written notice to City. 15. NONDISCRIMINATION: KCR shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age marital status or disability, except employment actions based on a bona fide occupational qualification. 16. COMPI,1ANCE WITH THE LAW: KCR, at its sole expense, shall comply with all laws, orders and regulations of the federal, state and municipal authorities issued pursuant to law which shall impose any duty upon City or KCR with respect to the property. KCR shall comply with the requirements of all policies of public liability, fire and other types of insurance that is, at any time, in force with respect ~to the building and other improvements on the property. 17. SURRENDER UPON TERMINATION: At the expiration of this Agreement, KCR shall surrender the property to City. KCR shall remove any modular buildings, personal property and fixed assets in accordance with these covenants and shall surrender the premises and improvements in a clean and safe condition, ordinary wear and tear excepted. 18. CITY'S RIGHTS/KCR'S DEFAULT: If the propert3, shall be deserted or vacated or it' proceedings are commenced against KCR in any court under a bankruptcy act for the appointment ora trustee or receiver of KCR's property either before or after commencement of the Agreement term or if there shall be a default in the payment of the concession fee or any 4 24 part thereof for more than thirty (30) days after written notice of such default by City, or if there shall be default in the performance of any other covenants, agreements, conditions, rules or regulations herein contained or hereaf[er established on the part of KCR for more than thirty (30) days a~er written notice of such default by City, or if there shall be default in the performance of any other covenants, agreements, rules or regulations herein contained or hereafter established on the part of KCR for more than thirty (30) days at, er written notice of such default by City, this Agreement (if City so elects), shall thereupon become null and void, and City shall have the fight to re-enter the property, either by force, summary proceedings, surrender or otherwise, and dispossess and remove there fi.om KCR or other occupants thereof, and their effects, without being liable to any prosecution thereof. In such cases, City may, at its option, put another party in possession of the property. If KCR should notify City that it is borrowing money, then City shall agree to send to any person or firm designated, a copy of any notice required by this Agreement. Any such notice shall specify the name and address to which the notice is to be sent. 19. INTEREST IN PROPERTY: City makes no representation of the title and if, for any reason, City's title to said premises should terminate because of prior rights reserved by the United States Government or other claimant, than all buildings and improvements may be removed fi'om the property by KCR or its agent within six (6) months /~om the date of said notice. This Agreement shall terminate and KCR shall be under no further obligation to pay a concession fee. This Agreement shall not create or convey an interest in Real Property in KCR. 20. CONDEMNATION: If the property, or any part thereof, is taken by eminent domain, this Agreement shall expire on the date the property is take. The concession payments shall be apportioned as of that date. KCR shall be entitled to be reimbursed its pro-rata share of any condemnation award because of loss of buildings or other structures. 21. ENTIRE AGREEMENT: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. 22. SEVERABILITY: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. 23. MODIFICATION: This Agreement may only be modified by written instrument signed by both Parties. 5 25 24. WRITTEN NOTICES: All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless notified to the contrary. Any written notice hereunder shall become effective upon the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Contractor Address Director Executive Director Bremerton Parks & Recreation Kitsap Community Resources 680 Lebo Blvd. 802 - 7th Street Bremerton, WA 98310 Bremerton, WA 98337 25. WAIVER: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. 26. NON-WAIVER OF BREACH: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. 27. COMPLIANCE WITH LAWS: Contractor shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. 28. CHOICE OF LAW AND VENUE: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. 29. ATTORNEYS' FEES: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. 6 26 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year indicated. CITY OF BREMERTON By: CARY BOZEMAN, Mayor Date ATTEST: PAULA JOHNSTON, City Clerk APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney KITSAP COMMUNITY RESOURCES By: Date 7 27 STATE OF WASHINGTON ) ) SS. COUNTY OF KITSAP ) On this day, before me appeared Cary Bozeman, Mayor of the City of Bremerton, the municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the flee and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument on behalf of said municipal corporation. GIVEN under my hand and official seal this day of ,20 Notary Public in and for the State of Washington, residing at My appointmem expires: STATE OF WASHINGTON ) ) SS. COUNTY OF KITSAP ) On this day, before me appeared , the of Kitsap Community Resources, the agency that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said agency, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute the said instrument on behalf of said agency. GIVEN under my hand and official seal this day of ,20 Notary Public in and for the State of Washington, residing at My appointment expires: 8 28 ,-,,-,-,,-r ,,I I--/I/ CRIPTIO'N OF PARCEL IN N'~. CORNER OF PARK DEPARTMEN~· PROPERTY yN .~s EASTPm~_. ~ / inning at a concrete monument at the center of Section 12, T2~, :, W.M. said center of said Section 12 being approximately at the .ter lines of Schley Blvd. and Twelfth Ave; Thence S2-O1'25"W ,1.81 feet to the True Point of Beginning; Thence N2°Ol'25"E 60 ~t; thence N87°58'35,'W 139.5 feet; thence N29'46'35"W to the ~therly .margin of Schley Blvd.; Thence Southweste.rly along said/ /~.1 ~th margin to its intersection with the east margin of Hormer R' //. ~es Dr; Thence southerly along said east margin to '.ersection with a line which bears N87°58'35"W of the TPOB;~.~''/'; ~nce S87°58'35"E to the TPOB, Except the east 100 feet therof~ ~'~'~ O A~E4.. ,.~/./ ~" --' .~ -' - I DATE SUBMITTED: October 4, 2004 BILL AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Committee Meeting Date: October 13, 2004 Agreement for Geotechnical Evaluation - COUNCIL MEETING Date: October 20, 2004 NAD Park and McKerma Falls Slope Department: PW&U, Engineering Stabilization Presenter: Thomas Knuckey Phone: 473-2376 SUMMARY: The City has negotiated a Professional Services Agreement with GeoEngineers, a geotechnical engineering consultant, to perform a stability analysis for both the NAD Park and the entrance to the Watershed. Both locations have instability which appear to be jeopardizing existing City utilities. The requested action before Council is approval ora Professional Services Agreement with GeoEngineers to evaluate the ground stability at both locations, and recommend alternatives for stabilizing the sites. ATTACHMENTS: 1.) Exhibit A-Council Summary; 2.) Professional Service Agreement FISCAL IMPACTS (Include Budgeted Amount): The amount of the professional services agreement is not to exceed $38,315.00. The project is funded by a combination of a Drinking Water State Revolving Fund Loan and Rates. The project is included in the 2004 Budget. APPROVALS: //~'~ CITY ATTORNEY: ~ ~' FINANCE DIRECTOR: -/~.d .. _.~. ~ MAYOR: ~'~.~ - 1~ FISCAL/BUDGET: OPERATIONS: ~'),'"x~,_~....-t,.,.,,_~_.Z,~ c~.~ CONSENT AGENDA [] ¢OUN¢ LP IO T: RECOMMENDED MOTION: Move to approve a Professional Services Agreement with GeoEngineers to perform a stability analysis for the NAD Park and the McKenna Falls watershed entrance and authorize the Mayor to finalize and execute the necessary contract documents for the agreement. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action ab, Agenda Bills 2004, PSA GeoEngineers 31 NAD PARK/MCKENNA FALLS SLOPE STABILIZATION EXHIBIT A Contract Summary This contract has two parts - the first is a geotechnical evaluation of slope instability at the south end of the City's Naval Ammunition Depot Park (NAD Park) which is located at the north end of Shorewood Drive. The purpose of this evaluation is to determine the limits of the instability, and identify whether the existing watermain located in Shorewood Drive is in jeopardy of damage due to continued ground movement in the area. The second part of the contract is a geotechnical evaluation of the existing wood crib wall that is currently supporting the roadway entrance to the City's watershed. The existing crib wall appears to be in poor condition, with indications of soil raveling below and behind the wall. The evaluation will confirm the condition of the existing wall, identify the risk to existing utilities within the roadway should the embankment fail, evaluate wall replacement alternatives, and design the selected alternative. These projects am included in the capital projects list for the recently completed rate study, the current Water System Comprehensive plan, and the ClP. Fiscal Summary The cost of this geotechnical evaluation for the NAD Park is $18,599, the cost of the evaluation and design of the McKenna Falls road stabilization is $19,716 for a total contract of $38,315. The McKenna Falls evaluation and design is rate funded, the NAD Park project is funded by Drinking Water State Revolving Fund (DWSRF) Loan No. 03- 65103. The loan has been executed and the loan terms are as follows: Loan Amount = $505,000.00 Loan Fee = $5,000 Match Required = $0 Term = 20-years Interest Rate = 1.5% Annual Debt Service (Approx) = $29,414 It is anticipated that the scope of the DWSRF loan can be expanded to fund the stabilization of the entrance to McKenna Falls. Revision of the loan scope will be pursued following completion of the evaluations performed in this Professional Services Agreement. City of Bremerton Geotechnical Evaluation - NAD Park & McKenna Falls Slope Stabilization October 2004 32 PROFESSIONAL SERVICES AGREEMENT NAD Park/McKenna Falls Slope Stabilization, Project No. 4306/4307 The City of Bremerton ("City") and GeoEngineers ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scopes of Work, dated September 15, 2004, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scopes of Work may be modified only pursuant to Section VII.H. of this Agreement. If the Scopes of Work provide for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in section IX (A) of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $38,315.00. Consultant's charges and bills shall conform to the fee schedules attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment tmtil the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Bremerton/GeoEngineers NAD Park/McKenna Falls Slope Stabilization, Project No. 4306/4307 Page 1 of 7 33 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scopes of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: Consultant shall indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, caused by or resulting from the negligent acts, errors, or omissions of Consultant in the performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE iNDEMNIFICATION PROVIDED HEREiN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Bremerton/GeoEngineers NAD Park/McKenna Falls Slope Stabilization, Project No. 4306/4307 Page 2 of 7 Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability providing coverage of at least $1,000,000 against professional liability for errors and omissions in connection with the work to be performed by Consultant under this Agreement. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's General Liability insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall fumish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be fumished in the time and form requested. Consultant shall maintain Bremerton/GeoEngineers NAD ParkJMcKenna Falls Slope Stabilization, Project No. 4306/4307 Page 3 of 7 35 accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Tacoma, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk and without legal liability to Consultant. C. Consultant to Maintain Records to Support Independent Consultant Status: On the effective date of this Agreement (or shortly thereafter), Consultant shall: 1. File a schedule of expenses with the Internal Revenue Service for the type of business Consultant conducts; 2. Establish an account with the Washington State Department of Revenue and other necessary state agencies for the payment of all state taxes normally paid by employers, register to receive a unified business identifier number from the State of Washington; and 3. Maintain a separate set of books and records that reflect all items of income and expenses of Consultant's business, all as described in the Revised Code of Washington (RCW) Section 51.08.195, as required to show that the services performed by Consultant under this Agreement shall not give rise to an employer- employee relationship between the parties which is subject to RCW Title 51, Industrial Insurance. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. The work described herein shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by Consultant for use in connection with the work. Bremerton/GeoEngineers NAD Park/McKenna Falls Slope Stabilization, Project No. 4306/4307 Page 4 of 7 E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Tacoma, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full fome and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Consultant Address J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in effect during the term of this Agreement in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. Bremerton/GeoEngineers NAD Park/McKenna Falls Slope Stabilization, Project No. 4306/4307 Page 5 of 7 37 N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. Bremerton/GeoEngineers NAD ParkAVlcKenna Falls Slope Stabilization, Project No. 4306/4307 Page 6 of 7 38 X. Disputes: The parties to this Agreement must refer any dispute, controversy or claim arising out of or relating to this Agreement or its breach to mediation before pursuing any other dispute remedy. XI. No Third Party Rights: Nothing in this Agreement or as a consequence of any of the services provided gives any rights or benefits to anyone other than the City and Consultant. All duties and responsibilities undertaken pursuant to this Agreement are for the sole and exclusive benefit of the City and Consultant and not for the benefit of any other party. No third party shall have the right to rely on the product of Consultant's services without Consultant's' prior written consent and the third party's agreement to be bound to the same terms and conditions as the City. CITY OF BREMERTON CONSULTANT By:. By: its: its: Date: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk R:\LEGAL~ContractshcORMS~rofessional Services Agreement Form (2003).d~c Bremerton/GeoEngineers NAD Park/McKenna Falls Slope Stabilization, Project No. 4306/4307 Page 7 of 7 REVISED GEOTECHNICAL SCOPE AND BUDGET CITY OF BREMERTON MCKENNA FALLS EMBANKMENT IMPROVEMENTS FILE NO. 0892-014-00 INTRODUCTION AND PROJECT UNDERSTANDING The following presents our geotechnical scope and budget for the City of Bremerton McKenna Falls Embankment Improvements. Our understanding of this project is based on our discussion with you and a brief visit to the project site. McKenna Falls is located off West McKenna Falls Road, south of the Union River Reservoir in west Bremerton. We understand the Union River Reservoir is the primary water soume for the City of Bremerton. West McKenna Falls Road extends across a small creek located west of West Old Belfair Valley Road. A circular concrete culvert conveys the creek beneath the roadway. The culvert appears to bear on a basalt rock outcrop that is visible in the creekbed upstream and downstream of the embankment. The roadway embankment top is on the order of 10 to 15 feet above the creek elevation. The water line from the reservoir is located beneath West McKenna Falls Road. An underground power line also extends through the embankment below West McKenna Falls Road. Based on our conversations with you and our observations at the site, the roadway embankment on the downstream side is supported by a timber crib wall above the concrete culvert. Both ends of the crib wall are currently being partially retained by trees that are in front of the wall. Indications of raveling of the soil were observed below and behind the wall. In addition, the timber cribs appear to be in poor condition. We understand you are concerned about the stability of the timber crib wall and the potential for damage to the existing utility lines should the timber crib wall fail entirely. SCOPE OF SERVICES Our scope of services for this project includes investigating subsurface conditions at the top and in front of the embankment on the downstream side of the road as a basis for providing recommendations to stabilize the embankment and protect on-site utilities. Based on our discussions with you and our observations, we envision the embankment would be stabilized by constructing a new gravity retaining wall at, or more likely downstream of the existing timber crib wall. Prior to designing the wall and after we have completed our site exploration, we will meet with you to discuss our opinion regarding the potential for damage to the on-site utilities if no improvements are completed. We will also discuss feasible embankment support option(s), and other construction considerations associated with the repair. Construction issues we will consider include feasibility of using temporary cut slopes and the need for temporary shoring; potential need for extending the existing culvert and feasibility of removing the existing crib wall to accomplish the repair. The objective will be to accomplish the repairs without the need for temporary shoring, if feasible. Specifically, our scope will include the following: 1. Advance two (2) hollow-stem auger boring explorations through the embankment using a trailer- mounted drill rig on the south side of West McKenna Falls Road on either side of the culvert crossing. Relatively undisturbed soil samples will be collected at approximate 5-foot intervals. The borings will be drilled to refusal on rock that we anticipate will be encountered 10 to 15 feet below road grade. We will notify the One-Call Utility Notification Center and request a utility locate a minimum of two full working days prior to arriving on the site. We request the City provide all available information for utilities in the project area. File No 0892-014-00 Page I (~EOENGINEER~ Saptemher [ 5, 2004 40 2. Perform a reconnaissance of the site to map the contact between soil and rock and classify rock in general accordance with the Unified Rock Classification System. We will also use Dynamic Cone Penetrometer hand equipment to estimate the depth to rock at selected locations where overburden is present above the rock. We request the City provide a topographic survey of the site prior to our field investigation. 3. Lab~rat~rytestingt~eva~uatepertinen~engineeringpr~perties~ftheenc~unteredmateria~s. We anticipate our testing will be limited to moisture content and gradation analysis. 4. Evaluate the stability of the downstream embankment and assess feasibility options for stabilizing the embankment, as necessary. Our evaluation will focus on potential for damage to the existing utilities should the timber crib wall fail entirely. We will require the City to provide information regarding the type, size, location and elevation of the pipe inverts to complete our assessment. 5. Meet with you to discuss the results of our investigation, our opinion regarding the stability of the embankment slope with respect to the on-site utilities and our recommendations for repair of the embankment, as necessary. The objective of the meeting will be to discuss, identify and determine the type, size and location of the new retaining wall or alternative support system commensurate with the goals of protecting the existing utilities and eliminating the need for temporary shoring, if feasible. Assuming repair of the downstream embankment will be required, we will be prepared to discuss: · the type, size and location of a new gravity retaining wall or alternative support system, · budget level cost estimates for each alternative considered, · the removal of the trees on the embankment and feasibility of partial removal of the existing timber crib wall before constructing a replacement wall or other support system, and · need for temporary shoring to protect the existing utilities during construction. · We will prepare a summary memorandum of our meeting with the City that will include a brief description of each alternative considered (including the "no action" alternative), the benefits of each system and the criteria for selection of the final system. Two copies of the memorandum will be provided. 6. Prepare a final report presenting the results of our study including geotechnical design criteria for the selected design option. Our final report will include: · A summary of existing conditions at the site as encountered in our explorations and site reconnaissance. · An assessment of the risk to the existing utilities should the existing retaining system fail. · The permitting requirements for the selected alternative. Specifically we will discuss different agencies and possible permits that may be required in order to construct the selected altemative. · A construction cost estimate for the selected alternative. We will provide two copies of our report, unless otherwise requested. Upon approval from the City of Bremerton, we will prepare design plans and specifications for the selected design alternative commensurate with the scope of services described above. We anticipate our design plans and specifications will be incorporated into the City's design plans and specifications that will be published for bidding and construction. Based on our previous experience, we anticipate providing a full size plan sheet that will include a vicinity map, site plan, elevation view and typical F;/e No 0892-014-00 Page 2 ~EOFNGiHEERS~ September 15~ 2004 design details for construction of the selected repair option. Additional plan sheets will be included as necessary and appropriate. Project specifications will include earthwork and backfill material requirements and construction requirements with respect to geotechnical aspects of the selected repair option. Project specifications will be provided using the CSI or WSDOT format. For budgeting purposes, we estimate project plans and specifications will be subjected to one review by the City of Bremerton. Mutually agreed upon revisions will be included into the final version of the project plans and specifications. We will provide two copies of the project plans and specifications unless otherwise requested. Additional engineering services will include specific tasks requested by the City of Bremerton during the course of the project. Upon request by the City, a scope of service and budget estimate for each individual task will be developed at the time of written authorization. No work will be completed on these tasks without prior written authorization from the City. BUDGET We understand our services will be authorized under a City of Bremerton Professional Services Agreement with mutually agreed upon changes. Our fee estimate to complete the services described above is presented in Attachment A. Our estimated personnel hours by task are summarized in Attachment B. We anticipate fieldwork for this project could be combined with the NAD Park Landslide Investigation. The scope and budget for NAD Park Landslide Investigation is presented under a separate cover. If the field investigations are completed under a single mobilization, there would be a potential cost savings. Please call if you have questions or require additional information. TAD:GHS:jm TACO X0\0892014X00\Finals\089201400RevScope and Budget doc Enclosures: Revised Attachment A - Summary Consultant Fee Determination Revised Attachment B - Estimated Personnel Hours by Task Disclaimer: Any electronic form, lhcsimile or hard copy of the original document (email, text, table, and/or figure), if provided, and any attachments are only a copy of the original document lhe original document is stored by GeoEngineers, lnc and will serve as the official document of record Ftle ,'qo 0892-014-00 Page $ GEOENGINEER~ September 15, 2004 42 REVISED ATTACHMENT A SUMMARY CONSULTANT FEE DETERMINATION PROJECT TITLE: City of Bremerton - McKenna Falls Embankment Improvements DATE: 09115/04 GeoEngineers File No. 0892-014-00 Salar~ Costs =lassiflcatlon Hours x Rate -- Cost Principal x $0.0C Associate 11 x $146.00 $1,606.0C Senior Engineer/Geologist x $0.0C Project Engineer/Geologist 78 x $113.00 $8,814.0C Engineer/Scientist 3 x $0.0C Engineer/Scientist 2 38 x $87.0C $3,306.0C Engineer/Scientist 1 x Senior Technician x Technician 12 x $65.00 $780.0~ Support 8 x $55.00 $440.0~ Subtotal $14,946.00 Other Expenses Mileage $70,00 Expendables (Field Equipment, Reproduction Costs) $350.00 Laborato~/testing $350.00 Subtotal $770.00 Subcontractor Costs Subsurface Exploration $1,500.00 Subtotal $1,500 Contingency - Additional engineering services $Z,500.00 Subtotal $2,50000 GRAND TOTAL - ESTIMATED COSTS $19,716.00 TACO:\0\0892014\00\Finals\089201400 RevAttach mentA.xls 43 REVISED ATTACHMENT B CITY OF BREMERTON MCKENNA FALLS EMBANKMENT IMPROVEMENTS FILE NO. 0892-014-00 ESTIMATED PERSONNEL HOURS Scope Project Staff Description Associate Technician Support Item Engineer Engineer 1 & 2 Coordinate and Monitor Subsurface 6 20 Explorations and Field Investigation 3 Laboratory Testing 1 4 Evaluate Slope Stability and Slope 2 28 13 2 Stabilization Alternatives 5 Design Meeting to Discuss Results of 4 8 Investigation and Repair Options 6 Prepare Final Report 2 15 2 4 Total Houm 8 58 33 4 4 Prepare Design Drawings and Material 2 20 5 8 4 Spec f cat ons Total Hours 3 2g $ 8 4 I Additional Engineering Services I Lump Sum Est[mate - See Summary Consultant Fee Determination TACO:\0\0592014\00\Finals\08920 t 400RevAttachmentB doc File No 0892-014-00 Page B-1 GEOENGtNEER~ Sepfe~ber 15, 2004 44 REVISED GEOTECHNICAL SCOPE AND BUDGET CITY OF BREMERTON NAD PARK LANDSLIDE EVALUATION INTRODUCTION AND PROJECT UNDERSTANDING The following presents our geotechnical scope and budget for the City of Bremerton NAD Park Landslide Evaluation. Our understanding of this project is based on our discussion with you and a brief visit to the project site. The NAD Park is located on the west bank of Ostrich Bay, south of the Jackson Park Naval Reserve in the City of Bremerton. The park was developed in the 1950's following the de-commissioning ora naval anununition depository facility. The park is accessed from the south on Shorewood Drive. To the west of Shorewood Drive are moderately steep and heavily forested trails. To the east of Shorewood Drive is an approximate 10 to 15 foot high slope that declines at a moderate to steep inclination to the beach. We understand that since about 1995, you have observed signs of slope instability between Shorewood Drive and the downslope beachfront. Slope movement indicators include pavement cracking and displacement at the top of the slope, development of a head scarp and movement ora concrete crib basket retention system located at the toe of the slope. During our site visit on August 26, 2004, we observed soil slumps on the order of 8 to 30 inches near the top of the slope. In addition, several of the crib baskets have fallen over at the toe of the slope. We understand you have recently received funding to protect an existing water line beneath Shorewood Drive. Prior to repairing the slope or relocating the waterline, we understand you are interested in a pre- design study that provides an opinion regarding the extent of the existing landslide mass and the potential for future movement that could adversely affect the waterline. You also requested preliminary recommendations to improve the stability of the slope. SCOPE OF SERVICES Our scope of services for this project includes investigating subsurface conditions at the top and toe of the slope, providing an opinion regarding potential for future slope movements to threaten the waterline, installing a slope inclinometer to monitor slide movement and providing preliminary recommendations to improve the stability of the existing slope. Specifically, our scope will include the following: 1. Advance a maximum of two (2) hollow-stem auger boring explorations using a trailer-mounted drill rig near the headscarp of the landslide. Relatively undisturbed soil samples will be collected in the first boring on a continuous sampling interval to a depth of approximately 30 to 40 feet below existing grade. Relatively undisturbed soil samples will be collected in the second boring on a maximum 5 foot sampling interval to a depth of approximately 30 to 40 feet below existing grade. We will notify the One-Call Utility Notification Center and request a utility locate a minimum of two full working days prior to arriving on the site. We request the City provide all available information for utilities in the project area. Depending on the results of our review of the available information provided by the City, it may be appropriate to delete one of the proposed explorations if this is acceptable to both the City and GeoEngineers. 2. Advance up to two (2) hollow-stem auger boring explorations using "acker" portable drilling equipment near the toe of the existing slope. Continuous sampling of subsurface conditions will be completed in the first boring using a split spoon sampler to depth of approximately 15 to 20 File No 0892 013-00 Page I ~EOENGINEERS~ September 15~ 2004 feet below existing grade. Soil samples will be collected in the second boring using a split spoon sampler on a maximum 2 ~A foot sampling interval to a depth of approximately 15 to 20 feet below existing grade. Depending on the results of our review of the available information provided by the City, it may be appropriate to delete one of the proposed explorations if this is acceptable to both the City and GeoEngineers. 3. Installation ora slope inclinometer casing near the top of the slope. Following installation of the inclinometer casing, we will return to the site to obtain baseline measurements of the inclinometer casing. For estimating purposes, we propose to install casing to approximately 40 feet below existing grade. We also propose two (2) additional site visits to check the inclinometer casing for movement to obtain additional information on landslide geometry and stability. We understand you may elect not to have an inclinometer casing installed. We will contact you after reviewing the utility data to discuss this option before we mobilize to perform subsurface explorations. 4. Perform a reconnaissance of the site to document surface and landslide features at the site. We require the City to provide a topographic survey of the site for our study. 5. Laboratory testing to evaluate pertinent engineering properties of the encountered materials. We anticipate our testing could include moisture content and dry density determinations, gradation analysis and Atterberg limit testing, as appropriate. 6. Evaluate the stability of the proposed slope under current and estimated future conditions. We will provide an opinion regarding potential for future slope movements to threaten the existing waterline. 7. Prepare a final report presenting the results of our study including: · A summary of existing conditions at the site as encountered in our explorations and site reconnaissance. An assessment of the risk to the existing utilities in the event of additional movement of the landslide. · Discussion of typical measures to improve stability of the embankment, as necessary and appropriate. · Recommendations for future inclinometer readings, as appropriate. We will provide two copies of our report, unless otherwise requested. Inclinometer casing measurements obtained after submitting our report will be transmitted with a brief summary memorandum. Two copies will be provided unless otherwise requested. Additional engineering services will include specific tasks requested by the City of Bremerton during the course of the project. Upon request by the City, a scope of services and budget estimate for each individual task will be defined at the time of written authorization. No work will be completed on these tasks without prior written authorization from the City. BUDGET We understand our services will be authorized under a City of Bremerton Professional Services Agreement with mutually agreed upon changes. Our fee estimate to complete the services described above is presented in Attachment A. Our estimated personnel hours by task are summarized in Attachment B. File 33 0892-013-00 Page 2 I~iEOENGINEERS~ September 15, 2004 46 We anticipate field work for this project could be combined with the McKenna Falls Embankment Improvements. The scope and budget for the McKenna Improvements is presented under a separate cover. If the field investigations are completed under a single mobilization, there would be a potential cost savings. Please call if you have questions or require additional information. TAD:GHSjm TACO:\0\0892013\00\Finals\089201300RevScopeand Budget.doc Enclosures: Revised Attachment A Summary Consultant Fee Determination Revised Attachment B - Estimated Personnel Hours by Task Disclaimer: Any electronic form, facsimile or hard copy of the original document (email, text, table, and/or figure), if provided, and any attachments are only a copy of the original document The original document is stored by GeoEngineers, lnc and will serve as the official document of record File No 0892-013-00 Page $ (~EOENGINEERS_~ Septembel 15, 2004 47 REVISED ATTACHMENT A SUMMARY CONSULTANT FEE DETERMINATION PROJECT TITLE: City of Bremerton - NAD Park Landslide Evaluation DATE: 09/15/04 GeoEngineers File No. 0892-013-00 Salary Costs Classification Hours x Rate = Cost Principal x $0,00 Associate 4 x $146,00 $584.00 Senior Engineer/Geologist x $0.00 P reject Engineer/Geologist 40 x $113.00 $4,520.00 Engineer/Scientist 3 x $0.00 Engineer/Scientist 2 40 x $87.00 $3,480.00 Engineer/Scientist 1 x $0.00 Senior Technician x $0.00 Technician 8 x $65,00 $520.00 Supporl 8 x $55,00 $440.00 Subtotal $9,544.00 Other Expenses Mileage $175.00 Expendables (Field Equipment, Reproduction Costs) $960.00 Inclinometer Casing $32000 Laboratory testing $500.00 Subtotal $1,955.00 ~ubcontractor Costs Subsurface Exploration $4,600.00 Subtotal $4,600.00 Contingency - Additional Engineering Services $2,500.00 Subtotal $2,500.00 .~RAND TOTAL - ESTIMATED COSTS $18,699.00 TACO:\0\0892013\00~Finals\089201300 RevAttach mentA.×ls F~le No 0892-013-00 Septentber 15, 2004 Page A-1 GEOENGINEER~ REVISED ATTACHMENT B CITY OF BREMERTON NAD PARK LANDSLIDE EVALULATION FILE NO 0892-013-00 ESTIMATED PERSONNEL HOURS Project Staff Description Associate Technician Support Engineer Engineer Coordinate and Monitor Subsurface Explorations and 6 28 Inclinometer Installation Inclinometer Testing 8 12 Laboratory Testing 2 Evaluate Slope Stability 2 12 Prepare Report 2 12 8 8 Total Hours 4 40 40 8 8 IAdditi°nal Engineering services ILump sum Estimate - see summary c°nsultant Fee Determinati°n I TACO:~0~0892013\00\Finals\O89201300RevAt~achmer~tB.doc File No 8092-013-00 Page B-I ~EOENGINEER$ ~/~ Se,vtember 15 2oo4 49 GEOENGINEER~ MEMORANDUM 1101 FAWCETT AVENUE, SUITE 200, TACOMA, WA 98402, TELEPHONE: (253) 353-4940, FAX: (253) 383-4923 www.geoengineers.com TO: Brad Ginn - City of Bremerton, Public Works and Utilities FROM: Teresa A. Dugger DATE: September 17, 2004 F~LE: 0892-013-00 SUBJECT: Proposed Service Schedule for NAD Park Geotechnical Investigation The following memorandum presents our proposed service schedule for the NAD Park Geotechnical Investigation. This schedule assumes our revised scope of services is approved by Bremerton's City Council on October 20, 2004 and we receive notice to proceed before October 22, 2004. In addition, activities marked with an (*) indicate scope items that could be combined with the proposed McKenna Falls Geotechnical Investigation. Task Anticipated Start Date Duration Coordinate staff, sub-contractors and October 25, 2004* 1 week pre-exploration activities Site exploration November 1, 2004* 1 week Laboratory testing program November 8, 2004 1 week Analysis and stability evaluation November 8, 2004 2 weeks Report Preparation November 22, 2004 2 weeks Additional engineering services/ Upon request of City of Bremerton, TBD consultation Public Works and Utilities On this basis, our report should be available on or about December 6, 2004. Please call if you have questions or wish to discuss modifications to our anticipated schedule TAD:GHS:jm ti TACO \0\0892013\00\Finals\089201300M.doc [~ISCLAIMER: Any electronic form, facsimile or hard copy of the original document (emaiL text, table, and/or figure), if provided, and any attachments are only a copy of the original document. The original document is stored by GeoEngineers, Inc. and will serve as the official document of record 50 GEOENGINEERS~ MEMORANDUM 1101 FAWCEIT AVENUE, SUITE 200, TACOMA, WA 9S402, TELEPHONE: (253) 383-4940, FAX: (253) 383-4923 www.geoengineers.cora TO: Brad Ginn - City of Bremerton, Public Works and Utilities FROM: Teresa A. Dugger DATE: September 17, 2004 FILE: 0892-014-00 SUBJECT: Proposed Service Schedule for McKenna Falls Geotechnical Investigation The following memorandum presents our proposed service schedule for the McKenna Falls Geotechnical Investigation. This schedule assumes our revised scope of services submitted on September 15, 2004, is approved by Bremerton's City Council on October 20, 2004 and we receive notice to proceed before the end of day, October 22, 2004. In addition, activities marked with an (*) indicate scope items that could be combined with the proposed NAD Park Geotechnical Investigation. Task Anticipated Start Date Duration Coordinate staff, sub-contractors and October 25, 2004* 1 week pre-exploration activities Site exproration November 1, 2004' I week Laboratory testing program November 8, 2004 1 week Stability evaluation and preparation of November 8, 2004 2 weeks design alternatives Team meeting to review design November 18, 2004 1 day alternatives and select final design option Report Preparation November 22, 2004 2 weeks Project plans and specifications Upon approval of City of Bremerton, 2 weeks preparation Public Works and Utilities (tentatively scheduled for November 22, 2004) Additional engineering services/ Upon request of City of Bremerton, TBD consultation Public Works and Utilities On this basis, our report should be available on or about December 6, 2004. Please call if you have questions or wish to discuss modifications to our anticipated schedule. TAD:GHS:jm:tt TACO X0\0892014\00\Finals\089201400M doc DISCLAIMER: Any electronic form, facsimile or hard copy of the original document (email, text, table, and/or figure), if provided, and any attachments are only a copy of the original document. The original document is stored by GeoEngineers, Inc and will serve as the official document of record. 51 SCHEDULE OF CHARGES COMPENSATION G ¢ o E n g i n ~ e r s Page I of 2 H:~Forms~SCHEDULE_REDMOND-TACOMA-2004.doc 52 SCHEDULE OF CHARGES Equipment Air Sperging Field Test, per day $ 500.00 Asbestos Sample Kit, per day $ 25,00 BlasUnate, per day $ 50.00 22' Sampling & Dive Boat (plus fae]), per day $ 750.00 Camcordar, per day $ 20.00 Concrete/Masonry Field Gear, per day $ 10.00 Crack Gauges, per gauge $ 20.00 D & M Sampler, per day (1 day min.) $ 64.00 Data Logger - 8-channel, per day $ 300.00 Digital Camera, per day $ 15.00 Environmental Soil Sampling Equipment, per day $ 150.00 Field Water Quality Meters, per day (1 day min.) $ g0.00 Flow Meter, per day $ 10.00 Gas Detection & Oxygen Meters, per day (1 day min.) $ $0.00 Generator, per day (1 day min.) $ 60.00 GPS Uuit - Survey Grade, per day $ 100.00 GroundwatcrD~valppraent&$amplingPump, perday(1 daymin.) $ 100.00 Groundwater Mointoring Equipment, per day $ 200.00 Groundwater Monitoring and Operatlons & Maintenance Equipment, per day $ 300.00 Hydrolab Multi Probe, per day $ 100.00 Laptop Computer, per day $ 50.00 Nuclear Density Gauge, per hour (4-hour daily min.) $ 10.00 Operatinns & Maintenance F..qulpment, per day $ 150.00 Peristaltic Purap, per day $ 35.00 PID, FID or OVA, per day $ 80.00 Sampling Van/Trailer, per day $ 50.00 Saximetar, per day $ 15.00 Scuba Diving, per day/per diver $ 225.00 Suigie Channel Data Logger wffransducer, per day $ 100.00 SIopeIndinator, perday(1 daymin.) $ 200.00 Soil Samples (in Rings), per sample $ 3.00 Soil Saraples (in Sleeves), per sample $ 6.00 Spectro Photo Meter, per day $ 45.00 Stereoscope, per day $ 20.00 Strain Gauge Readout, per day $ 25.00 Tedlar Bags & Air Sampling Equipment, per sample $ 11.00 Turbidity Testing Equipment, per day $ 15.00 Underwater Camera - Still, per day $ 50.00 Unde~vater Camera - Video, per day $ 125.00 Vopor Extraedoa Field Test, per day $ 500.00 Vehicle usage, per mihi, or $20/day, whichever is greater $ 0.50 Vehicle - 4-wheal drive ~'ack, per day $ 80.00 Miscellaneous Field Equipment, at cmrent rates, list available upon request, per day $ 20.00 Special/zed equipment will be quoted on a per-job basis OTHER SERVICES, SUPPIAES AND SPECIAL TAXES Charges for services, equipment, supplies and facilities not furnished in accordance with the above schedule, and any unusual items of expense not customarily incmred in our normal operations, are charged at coat plus I5 percent. This includes shipping charges, subsistence, transportation, printing and reproduction, m/scellaneous supplies and rentals, surveying se~ices, drilling equipment, construction equipment, watercraft, aircraft, and special insurance which may be required. Taxes required by local jurisdictions for projects hi specific geographic areas will LABORATORY SCHEDULE OF CHARGES (page 1 of 2) Tvoe of Test Unit Pdca* Soil Index and Classification Tests Soil Description (ASTM D248g-90) $ l 0 Moisture Con~t Oven (ASTM D2216-90) $13 Moisture/Density Rings $16 Shelby Tubes, woxed chunk $ 30 Tubes 0iners), chunk $ 2~ Particle Size Analysis Percent Passing No. 200 (Df 140-54) $ 45 Sieve (ASTM D422-63, C136-95a includes minus 200 Wash, Dry Sieve) $ 80 Hydromet~' Only (ASTM D422-63, minus # 10 fraction) $ 90 Combined Sieve and Hydrometer (ASTM D422-63) $145 Organic Content (ASTM D2974) $ 65 Specific Gravity (ASTM D854-83) $ 55 Shrinkage Factor (ASTM D4943 -95) $ 65 Soil Resistivity $ 25 pH of Soil (ASTM 4972-95a) $ 25 Soluble Sulfates (US EPA 375.4) $ 25 Sulfides $ 20 Endas pH Test (to determine the percentage of lime to add to soil for lime/soil cement) $ 80 Ductile Iron Pipe Research Association l0 Point Soil Evaluation Procedure (ANSFANWA C105/A2.1.5). Inaludes evaluation of resistivity, pH, Redox potential, sulfides and moisture $100 A~edierg Limits (ASTM D4318-84) $ 90 Nonplasfi¢ $ 50 Compaction (ASTM DI557-91/D698-90, AASHTO T-IS0, M~theds A, B and C) 1 point $ 85 3 point $175 Strenglia and Consolidation Tests Vane Shear (ASTM D4648) 3 points $ 50 Direct Shear (ASTM D3080-90) Per point $100 Tfiaxial Congne~ion Unconfined Comp. - UC (ASTM D2166-85) $ 85 Unconsolidated Undrained - UU (ASTM D2850-78) $160 Unconsolidated Undminad (back pressure saturation) $300 Consolidated Undrained CU (ASTM I)4767-88) with pore pressure measurement $450 Consolidated Drained - CD (Army Corps of Engineers EM 11 l 0-2-1906 Appendix X) $450 Consolidated Uadrainad or Consolidated Drained (3 points, staged) $900 Consolidation (ASTM D2435-90) With 2 timed load increments $325 Additional timed load increments, each $ 35 One-Dimensional Swell (ASTM D4546-90) Methods A and B $350 Met~xl C $600 CBP.. I point with Proctor (ASTM D1883-87) $300 Additional points, each $ 75 G e o E n g i n e e r s ID: P:k4DMiN~CHEDULES_OF_CHARGES~003~SCHEDULE_2003.LAB.DOC 54 LABORATORY SCHEDULE OF CHARGES (page 2 of 2) Tvoe of Test Unit Price* Permeability Tests Cast and cured, not broken $17 Mortar Cyl (st~p, log, cum, break, report) $ 20 Grout Cyl (s~p, log, cum, break, report) $ 20 *Please contact us regarding test procedures which am not listed or for tests on contaminated soils. Negotiated unit rotes or hourly rotes will be charged for these procedures. **Not WABO-cc~ficd DATE SUBMITTED: October 4, 2004 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Hazard Mitigation Grant Committee Meeting Date: October 13, 2004 Acceptance - Reservoir Seismic Upgrades COUNCIL MEETiNG Date: October 20, 2004 Department: PW&U, Engineering Presenter: Thomas Knuckey Phone: 360-473-2376 SUMMARY: As a result of the Nisqually Earthquake that occurred in February, 2001, FEMA established a Hazard Mitigation Grant Program to allow municipalities and others to apply for grant funds to perform upgrades to critical facilities that were damaged during the earthquake. The City applied for, and has been offered a grant to partially fund design and construction of seismic upgrades to five water reservoirs. ATTACHMENTS: 1.) Exhibit A - Council Summary; 2.) HMGP Grant Agreement FISCAL IMPACTS (Include Budgeted Amount): Grant funding has been offered at $630,908.87 with a City match of $87,976.12. Grant funding for this work was not anticipated. This project is included in the Rate Study as rate and loan funded, and is included in the CIP. APPROVALS: FINANCE DIRECTOR: , · ~.m(..,4~ ,,~ AYO : ,5 ' FISCAL/BUDGET: .-'Z.,4~A-_4--.z7 g.-~~ - OPERATIONS: ,(- ,z:~,.~ 7,~ 't. ~ CONSENT AGENDA [] COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to accept and approve Hazard Mitigation Grant No. E05-104 and authorize the Mayor to finalize and execute the necessary documents for accpetance of the grant. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action ab, Agenda Bills 2004, Hazard Mitigation Grant Acceptance 56 HAZARD MITIGATION GRANT ACCEPTANCE - RESERVOIR SEISMIC UPGRADES EXHIBIT A Summary As a result of the Nisqually Earthquake that occurred in February, 2001, FEMA established a Hazard Mitigation Grant Program to allow municipalities to apply for grant funding to perform upgrades to critical facitlites that were damaged during the earthquake. In 2001, the City applied for grant funding to perform seismic upgrades to five water reservoirs; Reservoirs No. 8, 10N, 10S, 21, and 22. The City was originally notified that we were un-successful with our application. Subsequent to this notice, the City applied for and received Drinking Water State Revolving Fund Loan No. 03-65103- 010 for upgrade to various reservoirs, including Reservoir No. 8. The City was notified in August, 2004 that it is being offered the grant funds originally applied for in 2001. The total project cost has been established at $703,809.00, of which 12.5% ($87,976.12) is local match. Because of the overlapping scope with the existing DWSRF loan, the match required by the grant will come from the loan. In addition to the $615,832.88 in grant funding offered for the project costs, an additional $15,076 in grant funding is offered to cover grant administration costs, bringing the total grant funds offered to $630,908.87. This project is included in the capital projects list for the recently completed rate study as rate and loan funded, and also on the CIP. Fiscal Summary Reservoir Project Cost HMGP Grant DWSRF Loan Rates Res 8 $350,809 $262,833 $87,976 $0 Res 10N, 10S, $353,000 $353,000 $0 21 & 22 =Total $703,809 $615,833 $87,976 $0 57 Washington State Military Department MITIGATION GRANT AGREEMENT FACE SHEET 1. Applicant Name and Address: 2. Total Project Amount: 3. Grant Number City of Bremerton $703,809.00 F,S,L 3027 Olympus Drive up to $15,076.00 F E05-104 Bremerton, WA 98310-4799 4. Applicant Agent, phone number: 5. Grant Start Date 6. Grant End Date Thomas E Knuckey, (360) 473-2376 August 3, 2004 June 9, 2006 7. MD Program Manager/phone number: 8. Data Universal Numbering System 9. UBi # (state revenue): Joan Sterling, (360) 570-6371 (DUNS): 556846970 181-002-539 10. Funding Authority: Washington State Military Department (Department), and the Federal Emergency Management Agency (FEMA) 11. Funding Soume Agreement #: 12. Program Index # 13. Catalog of Federal Domestic Asst. 14. TIN or SSN: FEMA-DR-WA-1361-0050 71426-75; 71626-12.5 (CFDA) # & Title: 97,039 (HMGP) 91-6001231 15. Service Districts: 16. Service Area by County(les): 17. Women/Minority-Owned, State (BY LEGISLATIVE DISTRICT): 23, 26, 35 Certified?: X N/A ~1 NO (BY CONGRESSIONAL DISTRICT): 6 Kitsap County ~ YES, OMWBE # 18. Grant Agreement Classification: 19. Document Type (check all that apply): ~1 Personal Services ~ Client Services X Public/Local Gov't ~1 Contract X Grant X Agreement ~ Collaborative Research ~1 A/E ~1 Other r3 Intergovernmental Q tnteragency 20. Applicant Selection Process: 21. Applicant Type (check all that apply) X "To all who apply & qualify" ~1 Competitive Bidding ~1 Private Organization/Individual ~1 For-Profit ~3 Sole Source I~l NE RCW E:I N/A X Public Organization/Jurisdiction X Non-Profit ~1 Advertised? ~IYES Q NO Q VENDOR ~1 SUBRECIPIENT X OTHER 22. BRIEF DESCRIPTION: Project Title: Bremerton Reservoirs Seismic Retrofit (8, 10N, 10S, 21, and Chlorination Tank). To provide funds to the Applicant for the herein proposed Mitigation Project as noted in Attachment 1-Description of the Project; Attachment 2-Project Development and Construction Schedule; and Attachment 3, Certifications and Assurances, and the original application, which are incorporated herein by this reference. IN WITNESS WHEREOF, the Department and Applicant acknowledge and accept the terms of this Grant Agreement, exhibits and attachments hereto and have executed this Grant Agreement as of the date and year written below. This Grant Agreement Face Sheet, Special Terms and Conditions, General Terms and Conditions, Federal and State Requirements and Assurances, Statement of Work and/or Description of Project (Attachment #1), and Project Development Schedule (Attachment #2), and any other attachments govern the rights and obligations of both parties to this Grant agreement. In the event of an inconsistency in this Grant Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 2. Statement of Work and/or Project Description 3. Special Terms and Conditions 4. General Terms and Conditions, and if attached, 5. Other provisions of the contract incorporated by reference. This Grant Agreement, including all attachments, contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties hereto. WHEREAS, the parties hereto have executed this agreement on the day and year last specified below. FOR THE DEPARTMENT: FOR THE APPLICANT: Signature Date Signature Date James M. Multen, Director Cary Bozeman Emergency Management Division City of Bremerton Washington State Military Department APPROVED AS TO FORM: APPROVED AS TO FORM: Spencer W. Daniels (signature on file) 8/19/04 Assistant Attorney General Applicant's Legal Review Date Form 10/27/00 kdb Mitigation Grant Agreement Page 1 of 18 City of Bremerton E05-104 58 Washington State Military Department SPECIAL TERMS AND CONDITIONS Article I - COMPENSATION SCHEDULE: 1. PROJECT FUNDING The Department will administer the Mitigation Grant Program and will commit the required state match and pass through the federal match. The Applicant will commit the required local match. a. The total cost of the project for the purposes of this Grant Agreement is $703,809.00 dollarsl PROVIDED that, if the total cost of the project when completed, or when this Grant Agreement is terminated, is actually less than above, the actual cost shall be substituted herein. b. The value of the contributions by the Applicant to the project shall be $87,976.13 dollars, or 12.5% percent, at minimum, of the total project cost. c. Subject to the terms of this Grant Agreement, the Department agrees to provide $87,976.12 dollars, or 12.5% percent of the total project cost, whichever amount is less. d. When the Department enters into an agreement with the Federal Emergency Management Agency (FEMA), to contribute federal funds to this project, that federal contribution will be $527,856.75 dollars, or 75% percent of the total project cost, whichever is iess, and up to $15,076.00 dollars for administrative costs (A.3, Project Payments). e. The Department shall not be obligated to pay any amount beyond that set out in Subsection C and D above unless that additional amount has been approved in advance by both the Department and Applicant and is incorporated by written amendment into this Grant Agreement. 2. GRANT AGREEMENT PERIOD Activities performed by the Applicant and payable under this Grant Agreement shall be those following the Presidential Declaration of Disaster, FEMA-1361-DR-WA, and approved by FEMA for funding, dated August 3, 2004. The project's Grant Agreement period shall be in accordance with the Applicant's Project Development and Construction Schedule (ATTACHMENT 2). However the project will not exceed the completion date of June 9, 2006 as shown in the Applicant's Project Development and Construction Schedule. This period shall be referred to herein as the "Grant Agreement period," unless expressly stated otherwise. a. The Applicant shall complete the project as approved and described in ATTACHMENTS 1 and 2. In the event of extenuating circumstances, the Applicant may request, in writing, that the Depadment extend the deadline for Grant Agreement completion. The Department may, in its sole discretion, extend the deadline. b. No expenditure made, or obligation incurred, following the Grant Agreement period shall be eligible, in whole or in part, for grant funds. In addition to any remedy the Department may have under this Grant Agreement, the amounts set out in Proiect Fundinq section above may be reduced to exclude any such expenditure from participation. c. Failure to complete the project in a timely manner, as outlined in Attachment 2, is a material breach of this Grant Agreement. Refer to General Terms and Conditions Section A.5 for termination actions. 3. PROJECT PAYMENT(s) The Department, using disaster funds from PL 93-288, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, and the State of Washington, shall issue payments to the Applicant as follows: a. Payment for work completed and submitted on an A-19, Voucher Distribution, with documentation. b. The Department reserves the right to withhold disbursement of its share of funding, as specified in A.3, Project Payment C, to the Applicant until the project has been completed and given final approval by the Department. c. Final Payment: Final payment of any remaining, or withheld, funds will be made upon submission by the Applicant within 60 days of completion of the project of the final report and an A-19, Voucher Distribution, and completion of all final inspections by the Department. Final payment also may be conditioned upon a financial review, if determined necessary by the Department. Adjustments to the final payment may be made following any audits conducted by the Washington State Auditor's Office, the United States Inspector General, or authorized representative of the Department. Mitigation Grant Agreement Page 2 of 18 City of Bremerton E05-104 59 d. The Applicant is eligible to receive federal administrative monies, upon completion and closure of the project, for the costs of requesting, obtaining, and administering the mitigation grant based on the following percentages of total net eligible costs: For the first $100,000 of net eligible costs, three percent of such costs. For the next $900,000, two percent of such costs. For the next $4,000,000, one percent of such costs. For those costs over $5,000,000, one-half percent of such costs. Article II - REPORTS: 1. In addition to the reports as may be required elsewhere in this Grant Agreement, the Applicant shall prepare and submit the following reports to the Department's Key Personnel: The APPLICANT shall promptly submit the following reports: A progress report with each A-19, Voucher Distribution; Quarterly progress reports; and A final report when the project is completed, prematurely terminated, or project assistance is terminated. The report shall include a final accounting of all expenditures and a description of work accomplished. If the project is not completed, the report shall contain an estimate of the percentage of completion, and shall indicate the degree of usefulness of the completed project. The report shall account for all expenditures not previously reported and shall include a summary for the entire project. Article III - KEY PERSONNEL: 1. The individuals listed below shall be considered key personnel and point of contact. Any substitution by either party must be submitted in writing. APPLICANT: DEPARTMENT: Name: Thomas Knuckey, P.E. Staff name: Joan Sterling Title: Managing Engineer-Utilities HMGP Construction Manager E-mail address: tknuckey~ci.bremerton.wa.us i.sterlinq~emd.wa.qov Phone Number: (360) 473-2376 (360) 570-6371 Fax (360) 478-5398 (360) 570-6350 Article IV - FINANCIAL MANAGEMENT AND ACCOUNTING: 1. The Applicant shall establish and maintain a financial management and accounting system that conforms to generally accepted accounting principles and complies with the Office of Management and Budget Circular No. A-102, "Common Rule," or such equivalent system as the Department may require. Article V - ADDITIONAL SPECIAL CONDITIONS AND MODIFICATIONS TO GENERAL CONDITIONS: 1. ACQUISITION AND DISPOSITION OF PROPERTY AND EQUIPMENT The Applicant agrees to comply with the requirements of the Federal Office of Management and Budget Circular No. A-102, "Post Award Requirements" Subpart "C" to account for any tangible real property, equipment and procurement, or such other requirements as the Department may prescribe. 2. PROVISIONS APPLYING ONLY TO CONSTRUCTION PROJECT The following provisions shall be in force only if the project described in this Grant Agreement is for construction of a Mitigation Project. a. Construction Document Approval: The Applicant agrees to submit two copies of all construction plans and specifications to the Department for review and approval. Review by the Department will be for compliance with the terms of this Grant Agreement. b. Grant Agreements for Construction: Grant Agreements for construction shall be awarded through a process of competitive bidding, if required by federal and state law. Copies of all bids and contracts awarded shall be submitted to the Department upon request. Where all bids are substantially in excess Mitigation Grant Agreement Page 3 of 18 City of Brernerton E05-104 60 of project estimates, the Department may, by notice in writing, suspend the project for determination of appropriate action, which may include termination of the Grant Agreement. c. Construction Grant Agreement Change Order: All change orders must be in writing and shall be submitted to the Department. The Applicant shall pay any increase in the cost of the project as the result of a change order, unless the Department has agreed to the change, with a written amendment to this Grant Agreement. d. HMGP Property Acquisition Projects. An original Exhibit A (deed restrictions in perpetuity) will be filed for each parcel with an individual legal description and an assurance of clear title provided. Mitigation Grant Agreement Page 4 of 18 City of Bremedon E05-104 61 ATTACHMENT #1 STATEMENT OF WORK AND/OR DESCRIPTION OF PROJECT APPLICANT: City of Bremerton PROJECT TITLE: City of Bremerton Reservoirs Seismic Retrofit As a condition of receiving Hazard Mitigation Grant Program (HMGP) funds, the Applicant must have an approved 322 Mitigation Plan (per 44 CFR Section 201.6). If the Applicant does not currently have a 322 Mitigation Plan, one will be developed by November 1, 2004. The HMGP Application submitted by the City of Bremerton, by reference, is an attachment to this agreement, including the provisions of the Certifications and Assurances Document, part of Attachment 3 of this agreement. HMGP Guidelines for Approved Projects is provided for general guidance to the Applicant, the City of Bremerton, in addition to technical assistance available from the HMGP staff. The City of Bremerton Reservoirs Seismic Retrofit Mitigation project of the Applicant which is the subject of this Grant Agreement is described in summary as follows: Project is to design and construct seismic retrofits for four water storage reservoirs and the chlorination tank within the Bremerton area. The retrofit work scope will be detailed during design. The work scope will include either installation of anchor bolts and restoration of anchor straps and welds or installation of an internal concrete ring base. The retrofit also may include installation of flexible inlet and outlet couplings and other appurtenances, and inspection and painting. The City of Bremerton Agrees To the Following: The following conditions must be met: 1. Return three (3) signed grant agreements within one month of receipt(s), along with associated documents. If this date cannot be met, contact your state Key Personnel. Initial notice to proceed as of the award grant start date (5, Face Sheet) allows for the city to begin expenditures. Reimbursement for eligible costs can occur once there is a fully executed grant agreement. The award grant start date begins the approved timeframe for availability of these disaster funds. A time extension due to delays in final grant execution will not be forwarded to FEMA for consideration. 2. The Applicant will submit signed, approved invoice vouchers (state form A-19) within 15 days of the end of the month in which the work was performed. Each billing must identify the task completed and any other funding identification pertinent to that task, including match. Documentation of all costs, such as payment document and date, is required. 3. City must ensure that it has sufficient funds and resources to pay for all eligible costs and overages throughout the project and can maintain the schedule as presented. The total cost of the grant, as indicated in box 2 of the face sheet; page 2, Article I, 1; and page 8, the Project Development Schedule are the approved funding levels. The City must report all costs for the project through the quarterly reports and invoices to ensure compliance with the federal requirement of maintaining a positive benefit cost. 4. The Applicant will submit quarterly reports until all requirements are fulfilled, report any issues, including findings of hazardous materials, and submit a signed final report and an adopted, city hazard mitigation plan (as required) before final (i.e., administrative costs) payment. The City may wish to participate in a regional mitigation plan with the County. A time schedule of work for each reservoir will be included in each quarterly report with a percent of completion. 5. Reservoir #21 is located within ¼ mile of an identified bald eagle nest. The bald eagle is federally listed as threatened. Bald eagles are sensitive to noise and obtrusive human activity in the vicinity of nesting sites. Such activity can force pairs to abandon nests, eggs, and young or may cause young to prematurely leave the nest before they are capable of sustained flight. Work associated with Reservoir #21 shall avoid the nesting period of January I through August 15. The work shall be accomplished between August 16 and December 31. This is a federal National Environmental Policy Act requirement. Work should be planned to allow for painting during appropriate weather conditions. Mitigation Grant Agreement Page 5 of 18 City of Bremerton E05-104 62 6. For construction projects, submission of the final application and certificate for payment with the architect's and/or engineer's certification of final costs and acceptance is required. 7. Applicant is responsible for selecting, implementing, monitoring and maintaining Best Management Practices to control erosion and sediment, reduce spills and pollution, and protect habitat. 8. Applicant shall obtain and comply with all required local, state, tribal, and federal permits and approvals prior to starting the project. The applicant is responsible for complying with Puget Sound Clean Air Agency Rules regarding dust, overspray, and/or odor. Contact Rick Hess, Supervisor, at 206-689-4029 to discuss regulations and Best Management Practices prior to starting work. 9. All eligible work is to be in compliance with current codes and standards while substantially conforming to the preexisting design, function and location. 10. In the event significant items (or evidence thereof) are discovered during the implementation of the project, applicant shall handle, manage and dispose of hazardous materials and/or toxic waste in accordance with the requirements and to the satisfaction of the governing local, state, tribal, and federal agencies. This may include, but is not limited to, asbestos, lead paint, sand-blasting residue, discarded paints and solvents, unlabeled tanks or containers, and inactive underground storage tanks. 11. If excavation occurs outside of disturbed areas, the site shall be examined for historical or archaeological significant materials (or evidence thereof).lf historical or archaeological significant materials are discovered, the project shall be halted and a call placed to the state HMGP Key Personnel (listed in Article III). The state will coordinate with FEMA, in consultation with the State Historic Preservation Office, for a determination on what appropriate measures will be necessary to ensure that the project remains in compliance with the National Historic Preservation Act. 12. Any changes to the scope of work (change orders) or additional items of work will require re-submission through the state to FEMA and require re-evaluation for compliance with national environmental policies. Additional documentation may be necessary. Non-compliance with requirement may jeopardize receipt of these funds. 13. Documentation of certification is required for closeout, including no less than one photo in process and one final project photo for each reservoir within the project. 14. Any work outside the scope of the project or expansion of the project to do maintenance, enhancements, or add capacity is the cost to the city and not eligible as local match.. 15. FEMA desires that the project be completed prior to the requested 22 months due to 44 CFR requirement that all awards be within the first 24 months of the declared disaster and the disaster close within five years. Quarterly Reports Quarterly reports will cover the previous three months, due the 15th of the following month (or the next work day): January, April, July and October. The Military Department Agrees To: 1. Provide staff coordination and input regarding grant administration for funding and technical assistance for project and reviews for hazard mitigation planning and/or mitigation construction projects, as necessary. 2. Reimburse the city of Bremerton within 30 days of receipt and approval of signed, dated invoice voucher(s) (state form A-19), documentation of satisfactory completion of tasks-to-date, and documentation of costs and ensure any site or final inspections occur. 3. Provide the city of Bremerton Administrative Costs (SGA-100% federal funds), based on the final projects costs, within sixty (60) days of submission of their Hazard Mitigation Plan or project closeout, whichever is later. Mitigation Grant Agreement Page 6 of 18 City of Bremerton E05-104 63 ATTACHMENT #2 PROJECT DEVELOPMENT SCHEDULE APPLICANT: City of Bremerton Award Date: August 3, 2004 PROJECT TITLE: City of Bremerton Reservoirs Seismic Retrofit SCHEDULE ESTIMATED ESTIMATED DESCRIPTION OF ACTIVITY/TASK COMPLETION COST $ % PROJECT DA TE Submit three signed copies of this agreement, a 2 Debarment Forms, 2 October 15, 2004 Signature Authorization Forms, and 2 W-9 Forms. (admin cost) Preliminary Engineering Report $ 5,000.00 Design Engineering (P.S.E.) $ 74,500.00 Competitive Bids, Review, Award Construction (includes mobilization and $ 205,850.00 demobilization )-Reservoir 8 7300 Wemer Rd, Bremerton 98312 Construction-Reservoir #10N $ 69,900.00 5785 Imperial Way SW, Port Orchard 98366 Construction-Reservoir #10S $119,950.00 5785 Imperial Way SW, Port Orchard 98366 Construction-Reservoir #21 August 16- $151,059.00 2132 Lakehurst Drive, Bremerton 98312 December 31 (2004 or Onsite work can only occur August 16- 2005) December 31 due to Bald Eagle Nest Construction-Watershed Chlorination $ 77,550.00 5000 Bremerton Watershed Road 98312 Project completed and in use, no further June 9, 2006 expenditures incurred, including publishing for any liens and planting of any disturbed grounds. Quarterly Reports Due on Project Activities; January 15 , Final Project Report, signed, will summarize April 15 the project and costs. July 15 (Administrative Cost) October 15 Project Total Costs $703,809.00 F,S,L 100% FINAL PAYMENT: Final payment of any remaining or withheld funds will be made upon submission by the Subgrantee (applicant) within 60 days of completion of the project, submission of the final report, an A-19 Voucher with proper documentation, and completion of inspections, as required by the Department. Final payment also may be conditioned upon a financial review, if deemed necessary by the Department. Adjustments to the final payment may be made following any audits conducted by the Washington State Auditor's Office, the United State's Inspector General, or authorized representative of the Department. Mitigation Grant Agreement Page 7 of 18 City of Bremerton E05-104 64 Exhibit A Washington State Military Department GENERAL TERMS AND CONDITIONS A.1 DEFINITIONS As used throughout this Grant Agreement, the following terms shall have the meaning set forth below: a. "Department" shall mean the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. b. "Applicant" shall mean a state agency, local government, tribal, special purpose districts, or eligible private nonprofit organization submitting an application to the Governor's Authorized Representative for assistance under the Hazard Mitigation Grant Program. c. "Grantee" shall mean the government to which a grant is awarded and which is accountable for the use of the funds provided. The Grantee is an entire legal entity even if only a particular component of the entity is designated in the grant award document. For the purpose of this program, the state is the Grantee. The Grantee and the Department are one in the same. d. "Subgrantee" shall mean the government or other legal entity to which a subgrant is awarded and which is accountable to the Grantee for the use of the funds provided. The Subgrantee and Applicant are one in the same. e. "Project" shall mean the action that is being funded through the Mitigation program. Project could be a construction type grant, or a planning grant. f. "CFR" - is defined and used herein to mean the Code of Federal Regulations. g. "OMB" - is defined and used herein to mean the Office of Management and Budget. h. "WAC" - is defined and used herein to mean the Washington Administrative Code. "RCVV" - is defined and used herein to mean the Revised Code of Washington. A.2 RECORDS AND REPORTS a. The APPLICANT agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the APPLICANT's contracts, contract administration, and payments, including all direct and indirect charges, and expenditures in the development and implementation of the project. b. The APPLICANT's records related to this Grant Agreement and the project hereunder may be inspected by the DEPARTMENT or the Director, or their designees, or by designees of the State Auditor or by federal officials authorized by law, for the purposes of determining compliance by the APPLICANT with the terms of this Grant Agreement and to determine the appropriate level of funding to be paid under the subject Grant Agreement. c. The records shall be made available by the APPLICANT together with suitable space for such inspection at any and all times during the APPLICANT's normal working day. d. The APPLICANT shall retain all records related to this Grant Agreement and the funded project for a period of at least six (6) years following completion of payment of the grant under this Grant Agreement. A.3 WAIVERS No conditions or provisions of this Grant Agreement can be waived unless approved by the DEPARTMENT in writing. The DEPARTMENT's failure to insist upon strict performance of any provision of the Grant Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Grant Agreement. A.4 AMENDMENTS AND MODIFICATIONS The APPLICANT or the DEPARTMENT may request, in writing, an amendment or modification of this Grant Agreement. However, such amendment or modification shall not take effect until approved, in writing, by the DEPARTMENT and the APPLICANT. Requests for extension, changes in scope of work, or other circumstances must be received 90 days prior to the end of the agreement with full justification provided. Any changes must be mutually agreed upon and understood that no alteration or variation of the terms of this agreement shall be valid unless made in writing and signed by the parties hereto, and that any oral understanding or agreements not incorporated herein shall not be binding. Mitigation Grant Agreement Page 8 of 18 City of Bremerton E05-104 65 A.5 TERMINATION AND OTHER REMEDIES a. The DEPARTMENT requires strict compliance by the APPLICANT with the terms of this Grant Agreement including, but not limited to, the requirements of the applicable federal and state statutes and rules and all policies incorporated by reference in this Grant Agreement, and with the APPLICANT's representations in its application for a grant as finally approved. b. The DEPARTMENT may suspend, or may terminate, the DEPARTMENT's obligation to provide funding to the APPLICANT under this Grant Agreement if: There is any breach by the APPLICANT of any of the APPLICANT's obligations under this Grant Agreement; or The APPLICANT fails to make progress satisfactory to the DEPARTMENT toward completion of the project by the completion date set out in Special Terms and Conditions, A.2, Grant Agreement Period C, and as outlined in Attachment 2; or There is a reduction in funds by the source of those funds, and if such funds are the basis for this contract. Written notice shall be given 30 days prior to any such termination. c. The APPLICANT understands and agrees that the DEPARTMENT may enforce this Grant Agreement by the remedy of specific performance, which will mean completion of the project. However, the remedy of specific performance shall not be the sole or exclusive remedy available to the DEPARTMENT. No remedy available to the DEPARTMENT shall be deemed exclusive. The DEPARTMENT may elect to exercise any combination or all of the remedies available to it under this Grant Agreement, or under any provision of law, common law, or equity. A.6 APPLICATION REPRESENTATION-MISREPRESENTATION, INACCURACY AND BREACH The DEPARTMENT relies upon the APPLICANT's application in making its determinations as to eligibility for, selection for, and scope of funding grants. Any misrepresentation, error or inaccuracy in any part of the application shall be deemed a breach of this Grant Agreement. A.7 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES This Mitigation grant shall be governed by, and the APPLICANT shall comply with, all applicable provisions of state and federal laws including but not limited to the RCW, WAC, CFR, OMB and policies and guidelines, which are incorporated herein by this reference or fully set forth. A.8 LEGAL RELATIONS It is understood and agreed that this Grant Agreement is solely for the benefit of the parties to the Grant Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Grant Agreement. The APPLICANT, its successors or assigns, will protect, save and hold harmless the DEPARTMENT and the State of Washington and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the APPLICANT, its subcontractors, assigns, agents, contractors, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Grant Agreement. The APPLICANT further agrees to defend the DEPARTMENT and the State of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Grant Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the DEPARTMENT or the State of Washington or their authorized agents or employees; provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the DEPARTMENT and the State of Washington and their agents or employees, and (2) the APPLICANT, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the APPLICANT, or APPLICANT's agents or employees. A.9 ACKNOWLEDGMENTS The APPLICANT shall include language which acknowledges the funding contribution of the DEPARTMENT and the Federal Emergency Management Agency (FEMA) to this project in any release or other publication developed or modified for, or referring to, the project. Mitigation Grant Agreement Page 9 of 18 City of Bremerton E05-104 A.10 INDEPENDENT CONTRACTOR STATUS OF APPLICANT The APPLICANT and the APPLICANT's officers, employees and agents shall perform all obligations under this Grant Agreement as an independent contractor and not in any manner as officers or employees or agents of the DEPARTMENT. Herein all references to the APPLICANT shall include its officers, employees and agents. The DEPARTMENT shall not withhold or pay taxes, insurance, or deductions of any kind. A.11 NONDISCRIMINATION The APPLICANT shall comply with all applicable federal and state non-discrimination laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, religion, national origin, residence, marital status, or disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Grant Agreement. A violation of this provision is a material breach and cause for termination under Section B.5 of this Agreement. A. 12 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The APPLICANT is encouraged to utilize business firms that are certified as minority-owned and/or women-owned in carrying out the purposes of this Grant Agreement. The APPLICANT may set utilization standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified in WAC 326-30-03901. A.13 CONFLICT OF INTEREST No officer or employee of the DEPARTMENT; no member, officer, or employee of the APPLICANT or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of such locality or localities who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Grant Agreement. The APPLICANT shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to this provision. A.14 VENUE This Grant Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this Grant Agreement, venue shall be proper only in Thurston County Superior Court. The Applicant, by execution of this Grant Agreement acknowledges the jurisdiction of the courts of the State of Washington. In the cases where this Grant Agreement is between the Department and a federally recognized Indian Tribe, the following Governing LawNenue applies: a. The State of Washington agrees that it shall initiate any lawsuit against a federally recognized Indian Tribe arising out of or relating to the performance, breach or enforcement of this Grant Agreement in Federal Court. Interpretation shall be according to the law of the State of Washington. In the event that the Federal Court determines that it lacks subject matter jurisdiction to resolve the dispute between the State and the Tribal Party, then the parties agree to venue in Thurston County Superior Court, but the parties agree that the matter shall not be pursued in Superior Court unless there is a Federal Court determination that it lacks subject matter jurisdiction. A.15 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The DEPARTMENT makes no claim to any capital facilities or real property improved or constructed with funds under this Grant Agreement, and by this grant of funds does not and will not acquire any ownership interest or title to such property of the APPLICANT. The APPLICANT shall assume all liabilities arising from the ownership and operation of the project and agrees to hold the DEPARTMENT and the state of Washington harmless from any and all causes of action arising from the ownership and operation of the project. A.16 SEVERABILITY If any court of rightful jurisdiction holds any provision under this Grant Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions of the Grant Agreement, which can be given effect without the invalid provision. Mitigation Grant Agreement Page 10 of 18 City of Bremerton E05-104 67 A.17 RECAPTURE PROVISION In the event the APPLICANT fails to expend funds in accordance with state law and/or the provisions of the Grant Agreement, the DEPARTMENT reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following agreement termination. Repayment by the APPLICANT of funds under this recapture provision shall occur within 30 days of demand. In the event the DEPARTMENT is required to institute legal proceeding to enforce the recapture provision, the DEPARTMENT shall be entitled to its costs thereof, including attorneys' fee. A.18 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. A.19 NOTICES The APPLICANT shall comply with all public notices or notices to individuals required by applicable state and federal laws and shall maintain a record of this compliance. A.20 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Grant Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Grant Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.21 RESPONSIBILITY FOR PROJECT While the DEPARTMENT undertakes to assist the APPLICANT with the project by providing grant funds pursuant to this Grant Agreement, the project itself remains the sole responsibility of the APPLICANT. The DEPARTMENT undertakes no responsibility to the APPLICANT, or to any third party, other than as is expressly set out in this Grant Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as those phases are applicable to this project, is solely that of the APPLICANT, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. The APPLICANT shall defend at its own cost any and all claims or suits at law or in equity which may be brought against the APPLICANT in connection with the project. The APPLICANT shall not look to the DEPARTMENT, or state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including but not limited to cost of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related in any design, development, construction, implementation, operation and/or maintenance. A.22 HAZARDOUS SUBSTANCES The APPLICANT shall inspect and investigate the proposed development/construction site for the presence of hazardous substances. The APPLICANT shall fully disclose to the DEPARTMENT the results of its inspection and investigation and all other knowledge the APPLICANT has as to the presence of any hazardous substances at the proposed development/construction project site. The APPLICANT will be responsible for any associated clean-up costs as a result of the inspections. The DEPARTMENT may suspend, or terminate the DEPARTMENT's obligations as referenced in Section A.5, if it is determined that the project is no longer cost effective as required by FEMA guidelines. "Hazardous Substances" means "Hazardous Substances" as defined in RCW 70.105D.020(5). A.23 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT (OSHANVISHA) The APPLICANT represents and warrants that its work place does now or will meet all applicable federal and state safety and health regulations that are in effect during the APPLICANT's performance under this Grant Agreement. The APPLICANT further agrees to indemnify and hold harmless the DEPARTMENT and its employees and agents from all liability, damages and costs of any nature, including but not limited to, costs of suits and attorneys' fees assessed against the DEPARTMENT, as a result of the failure of the APPLICANT to so comply. Mitigation Grant Agreement Page 11 of 18 City of Bremerton E05-104 69 A.24 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY If federal funds are the basis for this grant, the APPLICANT certifies that the APPLICANT is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this grant by any federal department or agency. If requested by Washington Military Department, the APPLICANT shall complete and sign a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the APPLICANT for this grant shall be incorporated into this grant by reference. Further, the APPLICANT agrees not to enter into any arrangements or contracts related to this grant with any party that is on the "General Service Administration List of Parties Excluded from Federal Procurement or Non-procurement Programs." A.25 PRIVACY Personal information collected, used or acquired in connection with this agreement shall be used solely for the purposes of this agreement. APPLICANT and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the Department or as provided by law. APPLICANT agrees to implement physical, electronic and managerial safeguards to prevent unauthorized access to personal information. The Department reserves the right to monitor, audit, or investigate the use of personal information collected, used or acquired by the APPLICANT through this contract. The monitoring, auditing or investigating may include but is not limited to "salting" by the Department. APPLICANT shall certify return or destruction of all personal information upon expiration of this contract. Salting is the act of placing a record containing unique but false information in a database that can be used later to identify inappropriate disclosure of data contained in the database. Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The APPLICANT agrees to indemnify and hold harmless the Department for any damages related to the APPLICANT's unauthorized use of personal information. For purposes of this provision, personal information includes, but is not limited to, information identifiable to an individual that relates to a natural person's health, finances, education, business, use or receipt of governmental services, or other activities, names, addresses, telephone numbers, social security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and other identifying numbers. Mitigation Grant Agreement Page 12 of 18 City of Bremerton E05-104 69 Exhibit B Washington State Military Department FEDERAL AND STATE REQUIREMENTS AND ASSURANCES B. 1 STATE AND FEDERAL LAWS TO BE OBSERVED The APPLICANT must comply with state and federal law in performing all tasks undertaken with respect to this Grant Agreement. The following sections are set forth for informational purposes, and do not constitute a representation by the DEPARTMENT that they constitute all relevant laws. It is the APPLICANT's responsibility to comply with all laws, and reliance upon the brief description provided in this contract shall not create any liability on behalf of the DEPARTMENT. B.2 PUBLIC LAW 88-352, TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (42 U.S.C. 2000d et seq.) (24 CFR Part 1 ) The APPLICANT must comply with the provisions of "Public Law 88-352," which refers to Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). The law provides that no person in the United States shall, on the grounds of race, color or national origin, be denied the benefits of, be excluded from participation in, or be subjected to discrimination under any program or activity receiving federal financial assistance. B.3 SECTION 504 OF THE REHABILITATION ACT, 1973, AS AMENDED (29 U.S.C. 794) The APPLICANT must comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified individual shall, solely by reason of his or her disability, be excluded from participation (including employment), denied program benefits or be subjected to discrimination under any program or activity receiving federal assistance funds. B.4 AMERICANS WITH DISABILITIES ACT (42 U.S.C. 12101, et seq.) The APPLICANT shall comply with the provisions of the Americans with Disabilities Act, 42 U.S.C. 12101, et. seq. That Act provides a comprehensive national mandate to eliminate discrimination against individuals with disabilities. The Act may impose requirements on the APPLICANT in four principle ways: 1 ) with respect to employment; 2) with respect to the provision of public services; 3) with respect to transportation; and 4) with respect to existing facilities and new construction. B.5 COPELAND ACT (Anti-Kickback Act) (40 U.S.C. 276c) The APPLICANT shall comply with the Copeland Act, which makes it a criminal offense for any person to induce, by any manner whatsoever, any other person employed in the construction, prosecution, completion, or repair of any public building, or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he or she is entitled under his or her contract of employment. Compensation shall consist of wages and approved fringe benefits. B.6 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 327, et seq.) The APPLICANT shall comply with the provisions of the Contract Work Hours and Safety Standards Act. According to this Act, no contract work may involve or require laborers or mechanics to work in excess of 40 hours in a work week, unless compensation of not less than one and one-half times the basic rate is paid for the overtime hours. If the Act is violated, the APPLICANT or subcontractor is liable to any affected employee for unpaid damages as well as to the United States for liquidated damages. These requirements apply to rehabilitation of residential property only if such property is designed for residential use for eight or more families. B.7 THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 (NEPA) (42 U.SC Section 4321and 24 CFR Part 58, et seq.) The APPLICANT shall comply with the provisions of the National Environmental Policy Act of 1969. The purpose of this Act is to attain the widest use of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences. Environmental review procedures, including determining and publishing a Finding of Significance or of No Significance for a proposal, are a necessary part of this process. Pursuant to these provisions, the APPLICANT must also submit environmental certifications to the DEPARTMENT when requesting that funds be released for the Mitigation Grant Agreement Page 13 of 18 City of Bremerton E05-104 70 project. The APPLICANT must certify that the proposed project will not significantly impact the environment and that the APPLICANT has complied with environmental regulations and fulfilled its obligations to give public notice of the funding request, environmental findings and compliance performance. B.8 THE CLEAN AIR ACT, AS AMENDED (42 U.S.C. 7401, as amended, et seq.) The APPLICANT shall comply with the Clean Air Act, which prohibits (1) engaging in, (2) supporting in any way or providing financial assistance for, (3) licensing or permitting, or (4) approving any activity which does not conform to the state implementation plan for natural primary and secondary ambient air quality standards. The APPLICANT shall ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the program are not listed on the U.S. Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by EPA. B.9 EXECUTIVE ORDER 11990, MAY 24, 1977: PROTECTION OF WETLANDS (42 F.R. 26961, et seq.) The APPLICANT shall comply with Executive Order 11990. The intent of this Executive Order is (1) to avoid, to the extent possible, adverse impacts associated with the destruction or modification of wetland, and (2) to avoid direct or indirect support of new construction in wetlands wherever there is a practical alternative. The APPLICANT, to the extent permitted by law, must avoid undertaking or providing assistance for new construction located in wetlands unless (1) there is no practical alternative to such construction, and (2) the proposed action includes all practical measures to minimize harm to wetlands which may result from such use. In making this determination, the APPLICANT may take into account economic, environmental and other pertinent factors. B.10 EXECUTIVE ORDER 11988, MAY 24, 1977: FLOODPLAIN MANAGEMENT (42 F.R. 26951, et seq). The APPLICANT shall comply with the provisions of Executive Order 11988. The intent of this Executive Order is to (1) avoid, to the extent possible, adverse impacts associated with the occupancy and modification of floodplains, and (2) avoid direct or indirect support of floodplain development wherever there is a practical alternative. If the APPLICANT proposes to conduct, support or allow an action to be located in a floodplain, the APPLICANT must consider alternatives to avoid adverse effects and incompatible involvement in the floodplain. If siting in a floodplain is the only practical alternative, the APPLICANT must, prior to taking any action (1) design or modify its actions in order to minimize any potential harm to the floodplain, and (2) prepare and circulate a notice containing an explanation of why the action is proposed to be located in a floodplain. B.11 THE WILD AND SCENIC RIVERS ACT OF 1968, AS AMENDED (16 U.S.C. 1271 et seq.) The APPLICANT shall comply with the Wild and Scenic Rivers Act, as amended. The purpose of this Act is to preserve selected rivers or sections of rivers in their free-flowing condition, to protect the water quality of such rivers and to fulfill other vital national conservation goals. Federal assistance by loan, grant, license, or other mechanism cannot be provided to water resources construction projects that would have a direct and adverse effect on any river included or designated for study or inclusion in the National Wild and Scenic River System. B.12 COASTAL ZONE MANAGEMENT ACT OF 1972, AS AMENDED (16 U.S.C. 1451 et seq.) The APPLICANT shall comply with the Coastal Zone Management Act of 1972, as amended. The intent of this Act is to preserve, protect, develop, and where possible, restore or enhance the resources of the nation's coastal zone. Federal agencies cannot approve assistance for proposed projects that are inconsistent with the state's Coastal Zone Management program except upon a finding by the U.S. Secretary of Commerce that such a project is consistent with the purpose of this chapter or necessary in the interests of national security. B.13 THE ENDANGERED SPECIES ACT OF 1973, AS AMENDED (16 U.S.C. 1531 et seq.) The APPLICANT shall comply with the Endangered Species Act of 1973, as amended. The intent of this Act is to ensure that all federally assisted projects seek to preserve endangered or threatened Mitigation Grant Agreement Page 14 of 18 City of Bremerton E05-104 71 species. Federally authorized and funded projects must not jeopardize the continued existence of endangered and threatened species or result in the destruction of or modification of habitat of such species which is determined by the U.S. Department of the Interior, after consultation with the state, to be critical. B.14 THE RESERVOIR SALVAGE ACT OF 1960, AS AMENDED BY THE ARCHAEOLOGICAL AND HISTORIC PRESERVATION ACT OF 1974 (16 U.S.C. 469, et seq.) Under the Reservoir Salvage Act, as amended, the APPLICANT must comply with provisions for the preservation of historical and archaeological data (including relics and specimens) that might otherwise be irreparably lost or destroyed as a result of any alteration of the terrain caused as a result of any federal construction project or federally licensed activity or program. Whenever the APPLICANT finds, or is notified in writing by an appropriate historical or archaeological authority, that its activities in connection with any federal funded construction project or federally licensed project, activity or program may cause irreparable loss or destruction of significant scientific, prehistoric, historical or archaeological data, the APPLICANT must notify the U.S. Secretary of Interior in writing and provide appropriate information concerning the project or program activity. B. 15 THE ARCHAEOLOGICAL AND HISTORICAL DATA PRESERVATION ACT OF 1974 (16 U.S.C. 469 a~ 1 ,et seq.) The APPLICANT shall comply with the Archaeological and Historical Data Preservation Act, which provides for the preservation of historic and archaeological information that would be lost due to development and construction activities as a result of federally funded activities B.16 THE SAFE DRINKING WATER ACT OF 1974, AS AMENDED (42 U.S.C. Section 201,300(f) et seq., and U.S.C. Section 349) The APPLICANT must comply with the Safe Drinking Water Act, as amended, which is intended to protect underground sources of water. No commitment for federal financial assistance, according to this Act, shall be entered into for any project, which the U.S. Environmental Protection Agency determines, may contaminate an aquifer that is the sole or principal drinking water source for an area. B.17 THE FEDERAL WATER POLLUTION CONTROL ACT OF 1972, AS AMENDED, INCLUDING THE CLEAR WATER ACT OF 1977, PUBLIC LAW 92-212 (33 U~S.C. SECTION 1251 et seq.) The APPLICANT must assure compliance with the Water Pollution Control Act, as amended, which provides for the restoration of chemical, physical and biological integrity of the nation's water. B.18 THE SOLID WASTE DISPOSAL ACT, AS AMENDED BY THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 (42 U.S.C. SECTION 6901 et seq.) The APPLICANT must assure compliance with the Solid Waste Disposal Act, as amended. The purpose of this Act is to promote the protection of health and the environment and to conserve valuable material and energy resources. B.19 THE FISH AND WILDLIFE COORDINATION ACT OF 1958, AS AMENDED (16 U.S.C. SECTION 661 et seq.) The APPLICANT must assure compliance with the Fish and Wildlife Coordination Act, as amended. The Act assures that wildlife conservation receives equal consideration and is coordinated with other features of water resources development programs. B.20 U.S. OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A-133, AUDITS OF STATE, LOCAL GOVERNMENTS AND NON-PROFIT ORGANIZATIONS (INCLUDING ALL AMENDMENTS) Non-federal grantees receiving financial assistance of $500,000 or more in federal funds from all sources, direct and indirect, are required to have a single or a program-specific audit conducted in accordance with the Office of Management and Budget (OMB) Circular A-133-Audits of States, Local Governments, and Non-Profit Organizations (revised June 27, 2003, effective for fiscal years ending after December 31, 2003). Non-federal entities that spend less than $500,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in Circular No. A-133. Circular A-133 available on the OMB Home Page at http://www.omb.qov and then select "Grants Management" followed by "Circulars". Mitigation Grant Agreement Page 15 of 18 City of Bremerton E05-104 ?2 APPLICANTS required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS); Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The APPLICANT has the responsibility of notifying the State Auditor's Office and requesting an audit. Costs of the audit may be an allowable grant expenditure. The APPLICANT shall maintain records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records. The APPLICANT is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The APPLICANT must respond to Department requests for information or corrective action concerning audit issues within 30 days of the date of request. The Department reserves the right to recover from the APPLICANT all disallowed costs resulting from the audit. Once the single audit has been completed, the APPLICANT must send a full copy of the audit to the Department and a letter stating there were no findings or if there were findings, the letter should provide a list of the findings. The APPLICANT must send the audit and the letter no later than nine (9) months after the end of the APPLICANT's fiscal year(s) to: Accounting Manager Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 In addition to sending a copy of the audit, the APPLICANT must include a corrective action plan for any audit findings and a copy of the management letter if one was received. The APPLICANT shall include the above audit requirements in any subcontracts. B.21 PREVAILING WAGES ON PUBLIC WORKS, CHAPTER 39.12 RCW The APPLICANT shall comply with the provisions of Chapter 39.12 RCW, Prevailing Wages on Public Works. This statute mandates that the prevailing rate of wage, as determined by the state Depadment of Labor and Industries, be paid to workers performing under public works contracts. B.22 RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICY, CHAPTER 6.26 RCW The APPLICANT shall comply with the provisions of Chapter 8.26 RCW and Chapter 365-24 WAC when its activities involve any acquisition of real property assisted under this Grant Agreement or the displacement of any family, individual, business, nonprofit organization or farm that results from such acquisition. B.23 NOISE CONTROL, CHAPTER 70.107 RCW The APPLICANT shall assure compliance with the state Noise Control Act. Objectives of the Act are to assist local governments in implementing local noise ordinances and to control and reduce excessive noise in Washington. B.24 STATE ENVIRONMENTAL POLICY ACT (SEPA), CHAPTER 43.21 (C) RCW The APPLICANT shall comply with the provisions of Chapter 43.21(C) RCW and Chapter 197-11 WAC, the guidelines by which local agencies will (1) require environmental checklists from private and public entities considering an action potentially subject to the Environmental Impact Statement (ELS) requirement of SEPA, (2) make "threshold determinations" that such an action will not have a significant environmental impact, (3) provide for the preparation of a draft and final ElS if the action has significant impact, and (4) circulate the ElS to other agencies and interested parties. B.25 SHORELINE MANAGEMENT ACT OF 1971, CHAPTER 90.58 RCW The APPLICANT shall comply with the provisions of Chapter 90.58 RCW. This Act defines a planning program and a permit system, which are initiated at the local government level under state guidance. Its purpose is to protect and enhance the state's shoreline and it includes a comprehensive shoreline inventory process and a master program for regulation of shoreline uses. Mitigation Grant Agreement Page 16 of 18 City of Bremerton E05-104 ?3 A permit application at the local level must be in compliance with those plans and consistent with the state Coastal Zone Management program if substantial developments and shoreline modifications occur, and a record of the application and decision must be submitted to the state. B.26 STATE BUILDING CODE, CHAPTER 19.27 RCW; ENERGY RELATED BUILDING STANDARDS, CHAPTER 19.27A RCW; AND PROVISIONS IN BUILDINGS FOR AGED AND HANDICAPPED PERSONS, CHAPTER 70.92 RCW The APPLICANT shall comply with the provisions of Chapter 19.27 RCW, Chapter 19.27A RCW, Chapter 70.92 RCW and regulations for barrier free facilities adopted by the Washington State Building Code Council pursuant to these statutes. The State Building Code Act provides for a uniform state building code and mandates counties, cities and towns to administer and enforce its provisions. Local governments are authorized to modify the state building code to fit local conditions as long as such modifications do not result in a code that is less than the minimum performance standards and objectives contained in the state code. B.27 OPEN PUBLIC MEETINGS ACT, CHAPTER 42.30 RCW The APPLICANT shall comply with provisions of Chapter 42.30 RCW which require that all meetings of the governing body which pertain to this Grant Agreement shall be open to the public except those where specific provision is made for executive sessions pursuant to RCW 42.30.110. B.28 LAW AGAINST DISCRIMINATION, CHAPTER 49.60 RCW The APPLICANT shall comply with the provisions of Chapter 49.60 RCW in all activities relating to this Grant Agreement. B.29 INTERLOCAL COOPERATION ACT, CHAPTER 39.34 RCW The Interlocal Cooperation Act establishes as state policy the authority for local governments, including special purpose districts and Indian tribes, to enter into agreements for providing a broad spectrum of cooperative services. Local governments undertaking joint community development projects can use this Act as a means for establishing interlocal agreements. B.30 GOVERNOR'S EXECUTIVE ORDER 89-10, DECEMBER 11, 1989: PROTECTION OF WETLANDS, AND GOVERNOR'S EXECUTIVE ORDER 90-04, APRIL 21, 1990: PROTECTION OF WETLANDS The APPLICANT shall ensure that it avoids any activities that would adversely affect wetlands and adequately mitigates unavoidable impacts. For the purposes of this requirement, except where a contrary definition is provided by statute, mitigation means: (1) avoiding the impact altogether by not taking certain action or part of an action; (2) minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts; (3) rectifying the impact by repairing, rehabilitating, or restoring the affected environment; (4) reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; (5) compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and (6) monitoring the impact and taking appropriate corrective measures. Mitigation for individual actions may include a combination of the above measures. Mitigation may not include any of the above measures to the extent that these may be contrary to statute as applied under the particular circumstances. Emergency work that is essential to save lives and protect property and public health is exempt from these provisions. Mitigation Grant Agreement Page 17 of '18 City of Bremerton E05-I04 Certifications and Assurances Document City of Bremerton Reservoirs Seismic Strengthening ~E,~C..T~ N~6.6 CERTI~=IC..A..TIO_ N S AND ASSURANCE S As the d~ly eutho~ a~n[ of ~e appl ~n~ ~ ~e~i~ tha~ t~e i~orme~ provt~ i~ G~ant Program '~i;If ob~n all ~ecessaW ~rmits ac~ ap¢~va~ if ~he pr~osed projec~ ~ For projects ~hat i~lve the 9~ ~i~it;on.,'rei~ati~ of ~ro~ie~ ~n the fl~d¢~n. ~e A. We ,~1[ convey ~e ~lowing res~ic~ve ~vena~t~ (n E~e ce~ of ~ny prope~y a~uir~, acceptS, o~ ~em ~ich slruotuteS are removed {herea~e~ ca~ed ~he ~rope~LL t The properly wiil ~e d~ica~ and m~jnt~in~ i~ peppe~i~y for use~ compa~b e ~fth a. A public ~a~l ~y ~hat i~ ope~ o~ al 5iCes and functionally re~a~ ~ a desig~a~ opec m~nagemen~ usage and prepe %~dp4ai~ ma~gemeot polio;es ~d practices 3 A~ co¢~p ~tJo~' oft~e project, we wq~ r o{a¢~p!y far add ~onal DISASTER I fudner ~ify tha~ the ~sed pr(;;ec~ ha~ bee~ r~v~,'ed by the ~p¢i¢;a~e plan~mg Mitigation Grant Agreement Page 18 of 18 City of Bremerton E05-104 75 DxrE SUBMITTED: BILL # AGENDA BILL CITY OF BREMERTON C1TY COUNCIL SUBJECT: 2005 CDBG Allocation Committee Meeting Date: 10/13/04 Recommendations COUNCIL MEETING Date: 10/20/04 Department: DCD Presenter: Michelle Eichhom Phone: 473-5375 SUMMARY: On 7/07/04, the city Council approved the 2005 Community Development Block Grant (CDBG) Policy Plan which included CDBG roles and regulations, as well as the application/allocation process. Funding availability was advertised on 6/8/04 and applications were accepted until 8/20/04. The CDBG Advisory Committees reviewed the applications, conducted interviews and individually rated each application. Attached are the Committee funding recommendations based on their scores. ATTACIIMENTS: 200~;Distribution of CDBG Funds, Recommended Allocation Spreadsheet with scores, and Project Descriptions. FISCAL IMPACTS (Include Budgeted Amount): $862,762 in federal HUD funding ~PEPP~d~TVMAE~NS :T DI RE CT OR: -- MAYOR: FISCAL/BUDGET: - [, _A_~..'~ - CONSENT AGENDA [~] RECOMMENDED MOTION: Move to approve the Draft 200/5 CDBG Advisory Committee recommendations for 2005 CDBG allocation, and authorize the submission of the annual Action Plan to HUD. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 76 DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM To: Bremm'to~ City Council - Committee Meeting From: Michelle Eichhom, Community Development Program Administrator Date: October 13, 2004 Re: 2005 Community Development Block Grant Funding Recommendations SUMMARY: On 7/07/04, the city Council approved the 2005 Commtmity Development Block Grant (CDBG) Policy Plan which included CDBG rules and regulations, as well as the application/allocation process. Funding availability was advertised on 6/8/04 and applications were accepted until 8/20/04. The CDBG Advisory Committees reviewed the applications, conducted interviews and individually rated each application. Attached are the Committee funding recommendations based on their scores, If approved, these recommendations will become the components of the CDBG Action Plan which is reviewed by HUD each year. ATTACHMENTS: 2005 Allocation and Distribution of CDBG Funds, Recommended Allocation Spreadsheet with scores, and Project Descriptions. If you have any questions regarding the 2005 CDBG funding recommendations please comact Michelle Eichhorn (360) 473-5375 or Shirley Aird (360) 473-5211. 77 2005 Distribution and Allocation of CDBG Funds 2005 CDBG Allocation Amounts Estimated 2005 HUD entitlement funds $631.,000.00 Allocated available program income (PI) $200,000.00 Rea!located funds from pdor year projects $31,761.98 Total available for Allocation $862,76t .98 2005 Distribution Amounts Public Service Projects (15% of HUD Entitlement + PI) $124,650.00 CDBG Program Planning and Administration (20% of HUD Entitlement + PI) $166,200.00 Capital I Planning and Economic Development Projects (65% of HUD Entitlement + PI + reallocated funds) $571,911.98 Total $862,761.98 78 o~ ~ 2005 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICANTS AND RECOMMENDED FUNDING CAPITAL & ECONOMIC DEVELOPMENT PROJECTS Applicant Name: Kitsap Community Resources Requested Funds: $300,000 Project Description: Acquisition of space - 18,000 square foot building for KCR administration, training services, AmeriCorps, WIC, and a commercial kitchen for KCR Food Services. Funding Recommended; $200,000 Applicant Name: Admiral Theatre Foundation Requested Funds: $75,000 Project Description: Expand community facility to provide acess to stage, relocate box office, and historic preservation. Funding Recommended: $75,000 Applicant Name: Kitsap Family YMCA Requested Funds: $75,000 Project Description: Build a 3210 s.f. Teen/Youth Room addition, which will enable the YMCA to serve 3000 more youth annually. Funding Recommended: $75,000 Applicant Name: Kitsap Community Resources Requested Funds: $100,000 Project Description: Provide weathedzation services, related minor home repair, and health and safety measures to 20 Iow income households. Funding Recommended: $71,912 Applicant Name: KCCHA Requested Funds: $50,000 Project Description: Pay for startup costs of Kitsap County New Market Tax Credit Facilitators I, LLC, an entity recently awarded $40 million in New Markets Tax Credits to be used for economic development in the City of Bremerton. Funding Recommended: $50,000 Applicant Name: City of Bremerton - Public Works Requested Funds: $40,000 Project Description: Respond to community needs for safe pedestrian access by constructing high-priority sidewalks in Iow-income areas. Approximately 500-1000 feet of sidewalk (depending on site-specific characteristics) will be built Funding Recommended: $40,000 Applicant Nanm: City of Bremerton - Public Works Requested Funds: $25,000 Project Description: Construct the highest prioritized sidewalk ("wheelchair") ramps as ranked from the City's "ADA Sidewalk Access Prioritization" developed by the City's Disability Action Committee. Funding Recommended: $25,000 Applicant Name: City of Bremerton - Parks & Recreation Requested Funds: $15,000 Project Description: Equipment purchase for shelter in park that is located in a Iow-income census tract. Funding Recommended: $15,000 Applicant Name: Bremerton Foodline Requested Funds: $12,000 Project Description: Improve the exterior security fence at the north portion of the property and regrade/improve the delivery/distribution center parking lot surface. Funding Recommended: $12,000 Applicant Name: City of Bremerton - Parks & Recreation Requested Funds: $8,000 Project Description: Installation of ADA compliant automated door openers for the locker room entrance doors and replacement of the handheld showers at Glen Jarstad Aquatic Center. Funding Recommended: $8,000 Applicant Name: City of Bremerton - Public Works Requested Funds: $10,000 Project Description: Respond to community requests in Iow-income areas for traffic calming devices on residential streets. Approximately 10-15 ramps will be constructed. Funding Recommended: 0 Applicant Name: Kitsap County CDC Requested Funds: $60,000 Project Description: Personnel, supplies, administrative expenses and revolving toan fund. Funding Recommended: 0 Applicant Name: KCCHA Requested Funds: $200,000 Project Description: Contribute to the cost of relocating and significantly improving Russell Road as part of the redevelopment of Westpark. Funding Recommended: 0 Applicant Name: KCCHA Requested Funds: $200,000 Project Description: Acquisition of property to provide 51 units of affordable housing for households with incomes at or below 80% of Kitsap County median income, 20 units will be set aside as replacement housing for Westpark redevelopment. Funding Recommended: 0 Applicant Name: Kitsap County HFH Requested Funds: $80,664 Project Description: To ensure on-site supervision of 24 months of all volunteer activities for 18-unit PUD in Bremerton. Funding Recommended: 0 PUBLIC SERVICE PROJECTS Applicant Name: City of Bremerton DCD - CDBG Administration Requested Funds: $166,120 Project Description: CDBG funds will provide salaries for the CDBG Program Administrator and the CDBG Program Coordinator to administer the CDBG Program. Funding Recommended: $166,120 Applicant Name: Bremerton Foodline- Agency Salaries Requested Funds: $21,150 Project Description: CDBG funds will be used toward the salary of one part- time Executive Director, one part-time Supervisor of Operations, one part-time Driver and one part-time Bookkeeper/Administrative Assistant. Funding Recommended: $21,150 Applicant Name: City of Bremerton Parks and Recreation - Family Playgrounds at Evergreen Park Requested Funds: $11,000 Project Description: CDBG funds will be used to provide Evergreen Park Neighborhood with a staffed summer playground program for children ages 6-12, plus continue the highly successful Tuesday Evening Family Special Events and Concerts. Funding Recommended: $11,000 Applicant Name: Bremerton Services Association - Chuckwagon Meals on Wheels for Brsmerton Seniors Requested Funds: $15,000 Project Description: CDBG funds will be used toward the cost of 17,000 nutritious meals which volunteers deliver to 170 homebound, low-income elderly persons residing in Bremerton. Funding Recommended: $15,000 Applicant Name: Kiteap Community Resources - Emergency and Transitional Housing Services Requested Funds: $25,000 Project Description: CDBG funds will be used to provide staff support to all Housing Services Programs that serve Bremerton residents who are homeless, formerly homeless, or at risk of homelessness. Funding Recommended $23,850 Applicant Name: Kitsap Sexual Assault - Child Abuse Intervention Requested Funds: $13,650 Project Description: CDBG funds will be used to provide 30 sexually abused children and their non-offending family members with crisis intervention, legal/medical advocacy, counseling, parent education, case management and referrals. Funding Recommended: $13,650 Applicant Name: Rebuilding Together Kiteap - Salary for Executive Director Requested Funds: $20,000 Project Description: CDBG funds were requested to support a portion of the Executive Directors salary. Funding Recommendation: 0 Applicant Name: - RMH Services - Support for the Untreated Mentally III Requested Funds: $10,500 Project Description: Funds were requested to support the costs associated with: agency office lease, utility payments, a portion of the staff mileage reimbursement, corporate taxes, fees and licenses. Funding Recommended: 0 84 Applicant Name: Washington CASH - City of Bremerton Micro-credit Initiative Requested Funds'. $10,000 Project Description: CDBG funds will be used to provide up to 60 low income individuals with comprehensive micro-business development activities designed to establish, expand or stabilize a micro or small business. Funding Recommended: $10,000 Applicant Name: Kitsap Family YMCA Childcare Scholarships Requested Funds: $10,000 Project Description: CDBG funds will be used to provide scholarships which will enable 41 low-income and very low-income children to participate in Latchkey Childcare and Summer Camp, Funding Recommended: $10,000 Applicant Name: YWCA of Kitsap County - YWCA Alive Legal Advocacy Program Requested Funds: $20,000 Project Description: CDBG funds will provide support staft'mg and operational costs for one FTE Bi-lingual Legal Advocate. Funding Recommendation: $20,000 85 9/16/2004 2005 CDBG APPLICATION PROCESS ADVISORY COMMITTEE Rating PROGRAM AREA RECOMMENDATION Score PLANNING AND ADMINISTRATION CD;aG ADMINISTRATION ADMINISTRATION** $166,200.00 'TOTAL $166,200.00 PUBLIC SERVICE Bremerion Foodline Salaries $21,150.00 125 ~remerton Services Assoc. Meals on Wheels Program $15,000.00 125 YWCA Legal Advocacy Program $20,000.00 113 YMCA Childcare Scholarships $10,000.00 112 Bremertcn Parks and Recreation Dept. Pla)~lround Prngram $11,000.00 110 Washington Cash Small Business Counseling $10,000.00 103 Kitsap Sexual Assault Counseling $13,650.00 101 .~ltsep Community Resources (KCR) Housing Counseling Pro~ram $23,850.00 100 Rebuilding Kitsap Together- KC Salaries 86 ..R. MH Services O~e~aling Expenses 80 TOTAL $124,650.00 CAPITAL Admiral Theatre Foundation The Admiral Theatre $75,000.00 114 Kitsap Community Resources Weathedzation $71,912.00 110 Kitsap Family YMCA Teen/Youth Room $75,000.00 106 ...Ki~sap Community Resources Community Services Center $200,000.00 103 City of Bremerton - Parks & Recreation Jarstad Aquatic Center Accessibility In $8,000.00 99 Bre,~e~on Parks and Recreation Dept. Lions Park - Picnic Shelter $15,000.00 90 KCCHA New Market Tax Credits $50,000.00 89 City of Sre,,e~;.on - Public Works New Sidewalk Construction $40,000.00 88 C. ity of Bre~er[on - Public Works ADA Sidewalk Ac~e~ Pro~ram $25,000.00 88 Bremerton Foodline Facility I=~edor Up~rade Pro, lect $12,000.00 81 Kltsap County HFH New Hope Project Management 77 City of Bremerton - Public Works Traffic Calming Program 71 KCCHA Relocation of Russell Road 69 KCCHA Westpark Replacement Housing 58 '*Kitsap County CDC Small Business Loan Program 49 TOTAL $571,912.00 TOTAL REQUESTED $862,762.00 DATE SUBMITTED: October 12, 2004 BILL # ~; ~/-.~.Tk AGENDA BILL 3 B CITY OF BREMERTON CITY COUNCIL SUBJECT: Heating and Ordinance # Committee Meeting Date: Ce?re~ec- &q, 7~t¥ Vacating a Portion of the COUNCIL MEETING Date: October 20, 2004 North/South Alley Between 13th and 16th Department: PW&U, Engineering Streets, and a Portion of 15th Street Between Presenter: Michael C. Mecham Broadway and Warren Avenues. Phone: 473.5288 SUMMARY: The City received a petition from Olympic College to vacate a portion o£the north/south alley between 13th and 16th Streets, and a portion of 15th street between Broadway and Warren Avenues. This date has been scheduled for a public hearing in accordance with state law and the Bremerton Municipal Code for first reading on the proposed ordinance vacating the subject property. ATTACHMENTS: 1.) Ordinance # ; 2.) Site Map FISCAL IMPACTS (Include Budgeted Amount): No Impact. APPROVALS: ,/ ," ~ ~ /., -ITY A ...... N, L--~::z~-"~-~---~-7" F~ANCE DI~CTOR: ~/~ M vo : OPE~TIONS: /~e/~ <;[ z/Y~ ~/c q ~/ CONSENT AGE~A ~COMMENDED MOTION: A. Move to approve the attached ordinance on first reading, vacating a potion of the no~south alley be~een 13th ~d 16th Streets, ~d a potion of 15th Street be~een Broadway ~d W~en Avenues. B. Move to p~s Ordinance ~ on second reading, vacating a potion of the no~south alley between 13th ~d 16th Streets, ~d a potion of 15th Street be~een Broadway and W~en Avenues. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action ab/Agenda Bills 2004fBroadway 15th St, Agenda Bill for Ordinance 86 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of streets, vacating a portion of the north/south alley between 13th and 16th Streets, and a portion of 15th Street between Broadway and Warren Avenues and further reserving easements for utilities within the vacated area. WHEREAS, the City received a petition to vacate a portion of the north/south alley between 13th and 16th Streets, and a portion of 15th Street between Broadway and Warren Avenues in the City of Bremerton, and WHEREAS, the City passed Resolution No. :J), ~ '/'.;L declaring its intention to vacate a portion of the north/south alley between 13th and 16th Streets, and a portion of 15th Street between Broadway and Warren Avenues, which resolution also set a hearing to take public comment or consider written objections to the vacation; and WHEREAS, fewer than fifty percent of the property owners abutting said right- of-way filed written objections to this action prior to the time set for public hearing heroin; and WHEREAS, a public hearing was held with proper notice on October 20, 2004, in the City Council Chambers of the Bremerton City Hall to take public comment or consider written objections to the vacation; and WHEREAS, the City Council has determined that it is in the best interest of the public to proceed with the vacation; and WHEREAS, the City Council finds it appropriate to reserve certain easements within the area to be vacated; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The foregoing recitals are incorporated as if fully set forth herein. SECTION2. A portion of the north/south alley between 13th and 16th Streets, and a portion of 15th Street between Broadway and Warren Avenues in the City of Bremerton, as described in Exhibit A, which is attached and incorporated herein by this reference, is hereby vacated to the abutting property owner ("Property Owner") including any and all easements contained therein. 1 Street Vacation - Alley 15th Street, Broadway Ave 87 SECTION 3. Easements. The granting of this vacation is subject to and conditioned upon the following: a. An easement is reserved for the City of Bremerton, Public Works and Utilities Department for construction, operation, maintenance and/or repair of City utilities and appurtenances over, under and upon the entire area vacated pursuant to this ordinance. b. An easement is reserved for Cascade Natural Gas for operation, maintenance and/or repair of gas lines and appurtenances over, under and upon the existing facilities within the area vacated pursuant to this ordinance. c. An easement is reserved for Puget Sound Energy for operation, maintenance and/or repair of electrical facilities and appurtenances over, under and upon the existing facilities within the area vacated pursuant to this ordinance. d. An easement is reserved for Qwest for operation, maintenance and/or repair of telecommunication cable and appurtenances over, under and upon the existing facilities within the area vacated pursuant to this ordinance. e. Improvements within Easement. Property Owner shall maintain the area over, under and upon the easement in a condition so as not to interfere with the ability of the City and other grantees of the easement(s) herein ("Grantee") from constructing, operating, maintaining and/or repairing their utilities. Any and all improvements placed or constructed within the easement by the Property Owner shall be at the Property Owner's sole risk and responsibility. Property Owner shall, within thirty (30) days of request of Grantee, remove, and thereafter replace, at Property Owners cost and expense any such improvements interfering with Grantees ability to construct, operate maintain and/or repair its utilities. No notice is required in the event of an emergency situation. Should Property Owner fail to remove said improvements as requested or in the event of an emergency, Grantee may remove the improvements at the Property Owner's cost and expense. SECTION 4. Additional Conditions. The granting of this vacation is further subject to and conditioned upon the following: a. Property Owner shall dedicate Broadway Avenue between 15th and 16th Streets for public use. b. Property Owner shall dedicate a public access easement between the existing alley and Broadway Avenue. SECTIONS. No vested rights shall be affected by the provisions of this ordinance. SECTION 6. Severability. If any one or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 2 Street Vacation - Alley 15th Street, Broadway Ave 88 SECTION 7. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ., 2004. PASSED by the City Council the day of ,2004. DAREN NYGREN, Council President Approved this day of ,2004. CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2004. EFFECTIVE the day of ,2004. ORDINANCE NO. R:\LEGAL\Ordinances\Public Works & Utilities\Vacation - Olympic College.doc 3 Street Vacation - Alley 15th Street, Broadway Ave EXHIBIT A THAT PORTION OF LOTS 1, 2 AND 3 OF TRACT 6 AND LOT 5 OF TRACT 7 OF WARREN SMITH'S ACRE TRACTS, AS RECORDED IN VOLUME 2 OF PLATS, PAGE 51, RECORDS OF KITSAP COUNTY, WASHINGTON, AND OF THAT PORTION OF 15TM STREET LYING WITHIN A STRIP OF LAND 14 FEET IN WIDTH, THE EAST LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 144.38 FEET NORTH 88026'26" WEST OF THE NORTHEAST CORNER OF SAID LOT 3; THENCE SOUTH 01°05'14" WEST A DISTANCE OF 63.59 FEET TO THE SOUTH LINE OF THE NORTH HALF OF SAID LOT 3, SAID POINT ALSO BEING A POINT ON THE NORTH LINE OF THE PLAT OF JOHN ROLSTADT'S, 1sT ADDN. TO BREMERTON AS RECORDED IN VOLUME 4 OF PLATS PAGE 38; THENCE NORTH 88°25'55' WEST ALONG SAID NORTH LINE A DISTANCE OF 2.00 FEET TO THE NORTHWEST CORNER OF LOT 1 OF SAID PLAT OF JOHN ROLSTAD'S, SAID POINT ALSO BEING THE NORTHEAST CORNER OF ALLEY IN SAID PLAT; THENCE SOUTH 01°05'14" WEST ALONG THE EAST LINE OF SAID ALLEY A DISTANCE OF 127.17 FEET TO THE SOUTHWEST CORNER OF LOT 4 OF SAID PLAT OF JOHN ROLSTADT'S, SAID POINT ALSO BEING ON THE NORTH LINE OF THE SOUTH HALF OF SAID LOT 2 OF TRACT 6; THENCE SOUTH 88°24'54" EAST ALONG SAID NORTH LINE A DISTANCE OF 2.00 FEET; THENCE SOUTH 01°05'14" WEST A DISTANCE OF 63.59 FEET TO THE SOUTH LINE OF SAID LOT 2 OF TRACT 6; THENCE NORTH 88°24'23'' WEST ALONG SAID LINE A DISTANCE OF 2.00 FEET; THENCE SOUTH 01°05'14'' WEST A DISTANCE OF 127.17 FEET TO THE SOUTH LINE OF SAID LOT I OF TRACT 6, SAID POINT ALSO BEING THE NORTHWEST CORNER OF THAT PORTION OF VACATED 15TM STREET, AS RECORDED UNDER AUDITOR'S FILE NUMBER 200102280038; THENCE SOUTH 01°05'14" WEST ALONG THE NORTH LINE OF SAID VACATION A DISTANCE OF 30.00 FEET TO THE SOUTHWEST CORNER THEREOF SAID POINT ALSO BEING ON THE NORTH LINE OF SAID LOT 5 OF TRACT 7; THENCE SOUTH 01°05'23' WEST A DISTANCE OF 56.00 FEET; TO THE TERMINUS OF THIS DESCRIBED EAST LINE. THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO TERMINATE AT THE SOUTHERLY BOUNDARY OF PARCEL AS DESCRIBED UNDER AUDITOR'S FILE NUMBER 9403070248 AND THE SOUTH RIGHT-OF-WAY LINE OF 16TM STREET. ALSO TOGETHER WITH A PORTION OF 15TM STREET DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 5 OF TRACT 7, A DISTANCE OF 156.49 FEET SOUTH 88°23'23" EAST OF THE NORTHWEST CORNER THEREOF, SAID POINT ALSO BEING ON THE SOUTH RIIGHT-OF-WAY LINE OF SAID 15TM STREET; THENCE NORTH 88°23'23'' WEST ALONG SAID LINE A DISTANCE OF 39.92 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT, THE RADIUS OF WHICH BEARS NORTH 22°38'21'' WESTA DISTANCE OF 68.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 57°54'35" AN ARC LENGTH OF 68.73 FEET TO THE WEST LINE OF AN ALLEY 14.00 FEET IN WIDTH; THENCE ALONG SAID WEST LINE SOUTH 01°05'14" WEST A DISTANCE OF 52.73 FEET TO THE POINT OF BEGINNING.° DATE SUBMITTED: October 12, 2004 BILL # /)q --~ i~,o~[ AGENDA BILL CITY OF BREMERTON ~/C CITY COUNCIL SUBJECT: Heating and Ordinance # Committee Meeting Date: ~dp,r~m k,e~ ,9 '/, &o,, t~ Vacating the portion of Coontz COUNCIL MEETING Date: tJctooer 20, 200~; Street lying between Callow Avenue and Department: PW&U, Engineering Charleston Blvd. and the alley lying between Presenter: Michael C. Mecham Coontz Street and Charleston Blvd. Phone: 473.5288 SUMMARY: The City received a petition from Kitsap Transit to vacate the portion of Coontz Street lying between Callow Avenue and Charleston Blvd. and the alley lying between Coontz Street and Charleston Blvd. This date has been scheduled for a public hearing in accordance with state law and the Bremerton Municipal Code for first reading on the proposed ordinance vacating the subject property. This is a Class II right-of-way and compensation has been paid by Kitsap Transit. ATTACHMENTS: 1.) Ordinance # ; 2.) Site Map FISCAL IMPACTS (Include Budgeted Amount): No Impact. APPROVALS: DEPARTMENT DIRECTOr'.. F~ANCE DI~CTOR: MAYOR: FISCAL/B~GET: OPE~TIONS: CO~CIL P~SIDENT: ~" ~COMMENDED MOTION: A. Move to approve the attached ordin~ce on first reading, vacating ~e potion of Coontz Street l~ng between Callow Avenue ~d Charleston Blvd. and the alley l~ng be~een Coontz Street and Chmleston Blvd. B. Move to pass Ordinance ~ ~ on second reading, vacating the poffion of Coontz S~eet lying between Callow Avenue and Ch~leston Blvd. and the alley l~ng be~een Coontz Street ~d Charleston Blvd. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action ab/Agenda Bills 2004/Coontz St, Agenda Bill for Ordinance 92 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of streets, vacating a portion of Coontz Street lying between Callow Avenue and Charleston Boulevard and the alley lying between Coontz Street and Charleston Boulevard and further reserving easements for utilities within the vacated area. WHEREAS, the City received a petition to vacate a portion of Coontz Street lying between Callow Avenue and Charleston Boulevard and the alley lying between Coontz Street and Charleston Boulevard in the City of Bremerton, and WHEREAS, the City passed Resolution No. ,~q~qg~ declaring its intention to vacate a portion of Coontz Street lying between Callow Avenue and Charleston Boulevard and the alley lying between Coontz Street and Charleston Boulevard, which resolution also set a hearing to take public comment or consider written objections to the vacation; and WHEREAS, fewer than fifty percent of the property owners abutting said right- of-way filed written objections to this action prior to the time set for public hearing herein; and WHEREAS, a public hearing was held with proper notice on October 20, 2004, in the City Council Chambers of the Bremerton City Hall to take public comment or consider written objections to the vacation; and WHEREAS, the City Council has determined that it is in the best interest of the public to proceed with the vacation; and WHEREAS, the City Council finds it appropriate to reserve certain easements within the area to be vacated; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The foregoing recitals are incorporated as if fully set forth herein. SECTION2. A portion of Coontz Street lying between Callow Avenue and Charleston Boulevard and the alley lying between Coontz Street and Charleston Boulevard in the City of Bremerton, as described in Exhibit A, which is attached and incorporated herein by this reference, is hereby vacated to the abutting property owner ("Property Owner") including any and all easements contained therein. 1 Street Vacation - Coontz Street SECTION 3. Easements. The granting of this vacation is subject to and conditioned upon the following: a. An easement is reserved for the City of Bremerton, Public Works and Utilities Department for construction, operation, maintenance and/or repair of City utilities over, under and upon the entire area vacated pursuant to this ordinance. b. An easement is reserved for Cascade Natural Gas for operation, maintenance and/or repair of gas lines and appurtenances over, under and upon the existing facilities within the area vacated pursuant to this ordinance. c. Improvements within Easement. Property Owner shall maintain the area over, under and upon the easement in a condition so as not to interfere with the ability of the City and other grantees of the easement(s) herein ("Grantee") from constructing, operating, maintaining and/or repairing their utilities. Any and all improvements placed or constructed within the easement by the Property Owner shall be at the Property Owner's sole risk and responsibility. Property Owner shall, within thirty (30) days of request of Grantee, remove, and thereafter replace, at Property Owners cost and expense any such improvements interfering with Grantees ability to construct, operate maintain and/or repair its utilities. No notice is required in the event of an emergency situation. Should Property Owner fail to remove said improvements as requested or in the event of an emergency, Grantee may remove the improvements at the Property Owner's cost and expense. SECTION 4. No vested rights shall be affected by the provisions of this ordinance. SECTION 5. Severability. If any one or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ,2004. PASSED by the City Council the day of ,2004. DAREN NYGREN, Council President Approved this day of ,2004. CARY BOZEMAN, Mayor 2 Street Vacation - Coontz Street ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2004. EFFECTIVE the day of ,2004. ORDINANCE NO. R:\LEGAL\Ordinances\Public Works & Utilities\Vacation - Coontz.doc 3 Street Vacation - Coontz Street EXHIBIT A A PORTION OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 24 NORTH, RANGE 1 EAST W.M DESCRIBED AS FOLLOWS: THE PORTION OF COONTZ STREET (FIFTH STREET) BETWEEN THE EAST MARGIN OF CHARLESTON BLVD. (WYCOFF AVENUE) AND WEST MARGIN OF CALLOW AVENUE SOUTH (WASHINGTON AVENUE); THE ALLEY BETWEEN LOTS 15 THROUGH 24 AND LOTS 25 THROUGH 33, IN BLOCK 9; ALL IN THE PLAT OF "CHARLETON", RECORDED IN VOLUME 2, PAGES 16 AND ~7, RECORDS OF KITSAP COUNTY, WASHINGTON ?' ST STtT£ET AREA BE S TtTEE T KITSAP TRANSIT N.T.S. CITY OF BREMERTON EXIBIT MAP FOR DEPARTMENT OF PUE~LIC WORKS PROPOSED VACATION FOR PORTION & UTILITIES ENGINEERING DIVISION Of COONTZ STREET AND ALLEY DRAWN BY: MJW DESIGN BY: GF DATE 9/10/O2 DATE 9/10/O2 9? DATE SUBMITTED: October 5, 2004 BILL AGENDA BILL C1TY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing on Ordinance Committee Meeting Date: Oct. 13, 2004 amending BMC 21.22 relating to appeals of COUNCIL MEETING Date: Oct. 20 & 27, 2004 critical areas land use decisions and Department: City Attorney's Office enforcement of violations of the critical areas Presenter: Roger A. Lubovich code Phone: 473-2345 SUMMARY: The current provisions of BMC 21.22 relating to appeal appeals of critical areas land use decisions and enforcement of violations of the critical areas code are outdated. The proposed ordinance updates those provisions to obtain more efficient and effective appeal and enforcement processing. ATTACHMENTS: 1) Proposed ordinance FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR.~ CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCA~UDGET: OPERATIONS: COUNC~ PRES~ENT: RECOMMENDED MOTION: 1) I move to approve the proposed ordin~ce on first reading to update the provisions of the BMC relating to appeals of critical areas land use decisions and enforcement of violations of the critical ~eas code. 2) I move to pass Ordinance No. on second reading to update the provisions of the BMC relating to appeals of critical areas land use decisions and enforcement of violations of the critical areas code. COUNCIL ACTION: [] Approve [] Deny ~ Table [] Continue [] No Action ORDINANCE NO. AN ORDINANCE of the City Council of thc City of Brcmcrton, Washington, amending Sections 21.22.300 and 21.22.310 of the Brcmcrton Municipal Code relating to appeals of critical areas land usc decisions and enforcement of violations of thc critical areas code. WHEREAS, the current provisions of Section 21.22.300 and 21.22.310 of the Bremerton Municipal Code relating to appeal of critical areas land use decisions and enforcement of violations of the critical areas code are outdated; and WHEREAS, the City Council desires to amend the provisions relating to appeal and enforcement provisions of the critical areas code in order to obtain more efficient and effective appeal and enforcement processing; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION1. The title of Chapter 21.22 entitled "Critical Lands Ordinance" is hereby amended to read as follows: Chapter 21.22 CRITICAL AREAS ' i ~T]~ ~l~r~,T & ~ SECTION2. Section 21.22.300 of the Bremerton Municipal Code entitled "Appeals" is hereby amended to read as follows: 21.22.300 APPEALS. An appeal of a decision regarding a critical area may be made in accordance with thc v ..................................... , ............ Sect]on 21.02.935 BMC. SECTION3. Section 21.22.310 of the Bremerton Municipal Code entitled "Enforcement" is hereby amended to read as follows: 21.22.310 ENFORCEMENT. (a) No regulated activity, as defined in Section .030 hereof, shall be conducted without a permit and without full compliance with this chapter. All activities not allowed or lly n;~,.... A ~..*1~;~,4 ~1~11 1-. conditiona approved shall be prohibited TF.c. ...................... n ..... Critical Areas - Appeals and Enforcement (b) The Director shall have authority to enforce this chapter, issue delineation verifications, permits, and violation notices, and process violations through the use of administrative orders and/or civil and criminal actions as provided for herein. · ...... c ....... (c) In the event of violation, the City shall have the authority to order restoration, enhancement, or creation measures to compensate for the destroyed or degraded critical area. If work is not completed in a reasonable time following the order, the City may implement a process to restore or enhance the affected site. ~.r crcateThis includes creation of new wetlands or streams to offset loss as a result of violation in accordance with Section .270 hereof. The violator shall be liable for all costs of such action, including administrative costs. (d) Failure to comply with an administrative order of the director under this section shall constitute a violation subject to enforcement pursuant to Section .320. SECTION 4. A new section, Section 21.22.320 entitled "Violation-Penalty", is hereby added to the Bremerton Municipal Code to read as follows: 21.22.320 VIOLATION-PENALTY. (a) Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement and/or enforcement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by laws any person who violates any provision of this chapter shall be guilty ora misdemeanor pursuant to Section 1.12.020(2) BMC. Each day, or a portion thereof, during which a violation occurs shall constitute a separate violation. SECTION 5. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ,2004 PASSED by the City Council the day of ,2004 2 Critical Areas - Appeals and Enforcement 100 DAREN NYGREN, Council President Approved this day of _, 2004 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, Interim City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ., 2004 EFFECTIVE the day of _, 2004 ORDINANCE NO. RSLEGAL\Ordinances\Community Development\Critical Areas Appeal and Enfl .doc 3 Critical Areas - Appeals and Enforcement 101 DATE SUBMITTED: October 5, 2004 BILL # /~t' - ~2~2 AGENDA BILL CITY OF BREMERTON ~ ~ CITY COUNCIL SUBJECT: Public Hearing on Ordinance Committee Meeting Date: Oct. 13, 2004 creating a new chapter of the Bremerton COUNCIL MEETING Date: Oct. 20 & 27, 2004 Municipal Code relating to the use of Department: City Attorney's Office motorized wheeled transportation devices Presenter: Brett C. Vinson within the city limits Phone: 473-2345 SUMMARY: The current provisions of the BMC do not provide provisions relating to the regulation and use of motorized wheeled transportation devices within City limits. The proposed ordinance creates a new BMC chapter, Chapter 10.13, entitled "Motorized Wheeled Transportation Devices" and further amends BMC Section 6.32.010(0 relating to noise level definitions and Section 13.04.100 entitled "Riding Motor Vehicles, Non-Motorized Vehicles and Horses" to provide for motorized wheeled transportation devices. ATTACHMENTS: 1) Proposed Ordinance 2) Memorandum FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FiNANCE DIRECTOR: ~[~~;/~._._.~ MAYOR: FISCAL/BUDGET: - *.~ ~,~~~-'~'" __.,~.~..~, CONSENT AGENDA [] OPERATIONS: RECOMMENDED MOTION: 1. I move to approve the proposed ordinance on first reading creating a new BMC chapter relating to the regulation and use of motorized wheeled transportation devices and amending other BMC sections to provide for said devices. 2. I move to pass Ordinance No. on second reading creating a new BMC chapter relating to the regulation and use of motorized wheeled transportation devices and amending other BMC sections to provide for said devices. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 102 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, creating a new chapter of the Bremerton Municipal Code to regulate the use of motorized wheeled transportation devices within the city limits by establishing a minimum age requirement for operators, prohibiting motorized foot scooter use on sidewalks, streets, and in parks, requiring operators to wear helmets and operate such vehicles safely, amending the provisions of the public disturbance noise regulations, and amending the Park code to prohibit motorized transportation devices in City parks. WHEREAS, the City Council of the City of Bremerton makes the following findings regarding the current unregulated use of motorized wheeled transportation devices within the city limits: WHEREAS, Revised Code of Washington (RCW) 46.61.710 has authorized use of motorized foot scooters upon the highways of the state but allowed for local jurisdictions to limit or otherwise regulate the use of such vehicles; and WHEREAS, citizens of Bremerton have expressed confusion over where and in what manner motorized foot scooters and other motorized wheeled transportation devices may lawfully be operated; and WHEREAS, unregulated operation of motorized wheeled transportation devices upon the City's streets and sidewalks increases risk of accidental injury to the operators of the motorized wheeled transportation devices and injury to other vehicular or pedestrian traffic, and/or damage to property; and WHEREAS, shared use of sidewalks by pedestrian and motorized vehicular traffic increases risk of injury to side~valk users and reduces the desirability of foot traffic as an alternative to motor vehicle use within the City, which is contrary to the City's stated policy goals, and therefore mixed use by motorized and nonmotorized traffic on sidewalks should be limited as much as is practical; and WHEREAS, the City has previously limited vehicular traffic upon sidewalks in the Central Business District to encourage foot traffic and the frequenting of shops and other businesses within the District, thereby improving the cultural, aesthetic, and financial health of the City; and WHEREAS, RCW 46.61.710 does not establish a minimum age or training requirements for operation of a motorized foot scooter or other motorized wheeled transportation devices, thereby creating great risk of injury and/or property damage caused by untrained operators and/or youthful operators who lack sufficient judgment to safely operate a motorized vehicle upon public streets; and 1 Motorized Wheeled Transportation Devices 104 WHEREAS, RCW 46.61.710 does not make use of helmets mandatory for operators of motorized foot scooter and other motorized wheeled transportation devices, although the risk of serious injury for operators who do not wear a helmet is clearly at least as great as for bicyclists who do not wear a helmet, and the City has previously found this danger great enough to require bicyclists to wear helmets; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTIONL A new chapter, Chapter 10.13, entitled "Motorized Wheeled Transportation Devices" is hereby added to the Bremerton Municipal Code to read as follows: Chapter 10.13 MOTORIZED WHEELED TRANSPORTATION DEVICES 10.13.010 DEFINITIONS. The following words and phrases when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section: (a) "Motorized wheeled transportation device" shall mean any device which is not required to be licensed pursuant to RCW 46.16.010 and, is propelled by an electric or liquid fuel motor, and is intended to transport a person on or across land. A motorized wheeled transportation device shall include, but shall not be limited to, a "motorized foot scooter" as that term is defined in section 46.04.336 of the Revised Code of Washington ("RCW"), and any electric or gas powered scooter, power board, motor powered skateboard, miniature motorcycle, pocket bike, or miniature chopper, regardless of the manner in which the device is designed; provided, that a motorized wheeled transportation device shall not include any of the following as defined in the referenced RCW: Electric-assisted bicycle - RCW 46.04.169 Electric personal assistive mobility device - RCW 46.04.1695 Moped - RCW 46.04.304 Motorcycle - RCW 46.04.330 Motor-driven cycle - RCW 46.04.332 Power wheelchair - RCW 46.04.415 Wheelchair conveyance - RCW 46.04.710 (b) "Right-of-~vay" shall mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel and including the sidewalks and shoulder areas. 10.13.020 DUTY TO OBEY TRAFFIC-CONTROL DEVICES AND RULES OF THE ROAD. Except as provided in this chapter, every person operating a motorized wheeled transportation device upon a right-of-way shall have the same rights and duties as operators of bicycles 2 Motorized ~Kheeled Transportation Devices 105 10.13.030 NEGLIGENT OPERATION - PROHIBITED. The negligent operation of a motorized wheeled transportation device on any right-of- way shall be prohibited. For the purposes of this section, the term "negligent" shall mean the failure to exemise ordinary care, and is the doing of some act that a reasonably careful person would not do under the same or similar circumstances or the failure to do something that a reasonably careful person would do under the same or similar circumstances. 10.13.040 PROHIBITED AREAS. The operation or use of motorized wheeled transportation devices shall not be permitted, regardless of the age of the operator, in or upon the following areas: (a) Sidewalks, alleys, walkways, docks, buildings or parks, within the central business district defined as the area bound by 6th Street, Warren Avenue and Sinclair Inlet or the business district within one block of Callow Avenue between 1 lth Street and 1 st Street or on arterial streets. (b) Sidewalks outside of the central business district; provided, that motorized wheeled transportation devices may be operated upon sidewalks that are adjacent to streets that have a speed limit in excess of twenty five (25) miles per hour; provided further, that when the operation of a motorized wheeled transportation device on a sidewalk is lawful, the device shall not be operated on the sidewalk at a speed in excess of five (5) miles per hour, and the operator must, at all times, yield to pedestrian or bicycle traffic (c) Improved or natural surface recreational trails. (d) Parks. (e) Publicly owned or operated parking lots or publicly owned real property. (0 Streets with a maximum speed limit in excess of twenty-five (25) miles per hour. 10.13.050 PARENTAL RESPONSIBILITY. A parent or guardian who has custody of any child or ward under the age of eighteen (18) shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this section. 10.13.060 MINIMUM AGE AND HOURS OF OPERATION. (a) No motorized wheeled transportation device shall be operated on any right-of- way unless the operator is at least fourteen (l 4) years of age. (b) A motorized wheeled transportation device shall not be operated on any right-of- way between the hours of 9:00 p.m. and 7:00 a.m. 10.13.070 HELMET, REFLECTORS, LIGHTS. The following equipment shall be required whenever a motorized wheeled transportation device is operated on any right-of-way within the city: (a) Helmet required. Any person operating or riding upon any motorized wheeled transportation device shall, at all times, wear a "motorcycle helmet" as that term is defined in RCW 46.37.530 or an approved bicycle helmet certified by the United States Consumer Product Safety Commission (CPSC), the American National Standards Institute (ANSI), or the Snell 3 Motorized Wheeled Transportation Devices 106 foundation, and such helmet shall be worn on the head and shall have the chin strap fastened securely while the motorized wheeled transportation device is in motion. (b) Lights and Reflectors Required. Every motorized wheeled transportation device when in use during the "hours of darkness" as defined in RCW 46.04.200 shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred (500) feet to the front and with a red reflector or light on the rear of the motorized wheeled transportation device visible from a distance of up to five hundred (500) feet from the rear of the device. 10.13.080 BRAKES REQUIRED. Motorized wheeled transportation devices shall be equipped with brakes that will enable the operator to make the braked wheels skid on dry, level, clean pavement. 10.13.090 NOISE. (a) The operation of a motorized wheeled transportation device shall be subject to the provisions of BMC 6.32.110 entitled "Public Disturbance Noises." (b) No motorized wheeled transportation device powered by a liquid fuel motor shall be operated unless such device is equipped with a properly working muffler that is designed to reduce the noise produced by the device. 10.13.100 NO MORE THAN ONE PERSON PERMITTED - TOWING OR PULLING PROHIBITED. (a) No more than one person shall operate or ride upon a single motorized wheeled transportation device at the same time. In the event that more than one person operates or rides upon a single device at the same time, each person operating or riding the device shall be in violation of this section. (b) No person operating a motorized wheeled transportation device shall tow or pull another person behind such device. In the event that a person is towed or pulled behind a motorized wheeled transportation device, the person operating the motorized wheeled transportation device and the person being towed or pulled shall be in violation of this section. 10.13.110 VIOLATION - PENALTY. (a) Any person violating any provision of this chapter shall be guilty of a civil infraction and shall be punished by the imposition of a monetary penalty of not more than $150, exclusive of statutory assessments, provided, conduct that constitutes a criminal offense may be charged as such and is subject to the maximum penalties allowed for such offenses. Community service hours may be imposed in lieu ora monetary penalty. (b) Bremerton Municipal Court - Jurisdiction. The Bremerton Municipal Court shall have jursidiction to adjudicate, in accordance with applicable laws, any violation of this chapter; provided that in the event jurisdiction over a juvenile lies with another court, that other court shall have jurisdiction to adjudicte the offense. 4 Motorized IKheeled Transportation Devices 107 SECTION2. Section 6.32.010(f) relating to noise level definitions of the Bremerton Municipal Code is hereby amended to read as follows: "Motor vehicle" means any vehicle which is self-propelled, used primarily for transporting persons or property upon public highways, and required to be licensed under RCW 46.16.010 or a motorized transportation device as defined in BMC 10.13.010. (Aircraft, watercraft, and vehicles used on rails or tracks are not motor vehicles as that term is used herein). SECTION3. Section 13.04.100 entitled "Riding Motor Vehicles, Non- Motorized Vehicles and Horses" of the Bremerton Municipal Code is hereby amended to read as follows: 13.04.100 RIDING MOTOR VEHICLES, NON-MOTORIZED VEHICLES AND HORSES (a) It is unlawful to ride or drive any bicycle, tricycle, skateboard ......... ~ · ·'~:~,~,.,,,,,~ horse or pony over or through any park except along and upon the park drives, parkway, park boulevards and bicycle paths, or at a speed in excess of ftfteen miles per hour ,or t,o (b) It is unlawful to ride or drive any motorcycle, motor vehicle, except as authorized by the City of Bremerton Parks Director, over or through any park except along and upon park drives, parkways, or park boulevards, or other City rights-of-way. (c) It is unlawful or to stand or park any motorcycle or motor vehicle in any Park except in areas desi~mated by the superintendent. SECTION 4. Severabilit¥. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of 2004 PASSED by the City Council the day of ,2004 DAREN NYGREN, Council President Approved this day of 2004 CARY BOZEMAN, Mayor 5 Motorized Wheeled Transportation Devices 108 ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2004 EFFECTIVE the day of ,2004 ORDINANCE NO. R:\LEGAL\Ordinances~Police~BMC Motorized foot scooters.doc 6 Motorized Wheeled Transportation Devices 109 Office of the City Attorney Roger A. Lubovich, City Attorney Memorandum TO: City Council Members FI'om: Brett C. Vinson, Assistant City Attorney J[~: Motorized Wheeled Transportation Devices 98te: October 6, 2004 Revised Code of Washington (RCW) 46.61.710 has authorized the use of motorized foot scooters but does not limit or regulate their use. The State has authorized local jurisdictions to tilt this regulation void. Because of this void, users are not required to wear helmets or obey the rules of the road as other vehicles must. This ordinance fills that regulatory void of motorized scooters but also regulates "pocket bikes," and motorized skateboards. This Ordinance regulates motorized wheeled transportation devices in the following ways: 1. Requires operators to obey the rules of the road just like bicyclists. 2. Prohibits negligent operation. 3. Prohibits operation on sidewalks in the central business district, on recreational trails, in parks, on publicly owned property, and on streets with a maximum speed in excess of 25 mph. 4. Sets a minimum age of 14 years old and prohibits operation between 9:00 pm and 7:00 am. 5. Requires helmets, reflectors, lights, brakes and mufflers. 6. Regulates noise under current city code noise provisions. 7. Sets a penalty of $150 for a violation of the provisions of this code. Additionally, I have attached statistical information regarding motor scooters from the United States Consumer Product Safety Commission. The statistical data covers the period of 2002 to the present, and displays injury information. The data is also broken down by age. This statistical information is attached to this memorandum for your review. Attached as Exhibit A. Some of the key statistics can be summarized as follows: · There was a much higher rate of injury to operators of motor scooters between the ages of 5 and 14. For example, persons between the ages of 5 and 14 suffered 286 injuries. Operators between the ages of 0 and 4 suffered 14, and operators between the ages of 15 and 24 suffered 76. · Most commonly injured body part was the head, face, lower arm, and knee (in the order listed). · The most commonly reported injuries were contusions, fractures, and lacerations (in the order listed). MEMORANDUM: Mowri,.ed wheeled transportation device~ October 6, 2004 Page: 2 · A vast majority of those injured were treated and released by a physician. · The most common location of the incident causing injury was the street, which probably includes sidewalks. · Injuries most commonly occur during the months of March, April, May and June. Note: The statistics are for "motorized scooters." Due to the federal governments use of the term "motorized scooters" in generating the statistics, the federal statistics also captured injuries that occurred while people were using motor scooter disability aids. Most of the injuries to those in the older age brackets are suffered while using these disability devices. The definition in the proposed ordinance does not regulate disability devices. Therefore, the statistics representing the older age brackets are not relevant to our ordinance. If you have any additional questions, please feel free to contact me. 111 113 121 122 o ~o o o o o o o.o o oo o oo o co oo o o o o ~ 128 127 · 7~ 128 131 132 133 134 ~36 138 139 141 142 143 144 145 146 147 248 DATE SUBMITTED: 09/24/2004 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Interfund loan extension from Committee Meeting Date: October 13, 2004 the Equipment Rental & Reserve Fund (510) COUNCIL MEETING Date: October 20, 2004 to the Wastewater Fund (451) Department: Public Works & Utilities Presenter: Phil Williams Phone: 473-5575 SUMMARY: On January 27, 2004, the City Council authorized the Director of Financial Services to issue a loan from the ER&R Fund (510) to the Wastewater Fund (451) in an amount not to exceed $1,500,000. $700,000 was loaned in January, 2004, and $400,000 in February to cover cash flow needs in the Wastewater Fund. A long term (8-year) financial analysis was completed by an outside consultant (EES) in August and rate recommendations were for, varded to and passed by the City Council. These rate adjustments were designed to bring the utilities to a stable financial condition over a three year period. The Wastewater Utility will need the ability to borrow money from the ER&R Fund until the full package of rate adjustments are in place in 2007 and the last payment is made on the 1994 Revenue bonds for the Wastewater Treatment Facility in September, 2007 ($2,728,000). This resolution authorizes the Director of Financial Services to extend the current terms of the existing loan to include a cap of $2,500,000 and a due date of December 31, 2007, at the existing interest rate of 2.5% per annum. ATTACHMENTS: Resolution # .2'~)4 FISCAL 1MPACTS (Include Budgeted Amount): On the current balance of $1.1 MM un interest payment of approx.$27,000 will be made in early 2005 (2004 13th period) on the existing loan balance. For 2005 and beyond, interest on all outstanding balances will accrue at 2.5% per annum. APPROVALS: /,. ~/, -- FISCAL/BUDGET: ~/(/...~-~-~//~2_ - __ OPERATIONS: ~~~--k-~ ....... ~ .......... CONSENT AGENDA [] RECOMMENDED MOTION: I move to approve Resolution No. ~q,ts-authorizing the Director of Financial Services to extend the existing interfund loan from the ER&R Fund to the Wastewater utility in an amount not to exceed $2.5 million. COUNCIL ACTION: [] Approve [] Den5' [] Table [] Continue [] No Action 149 RESOLUTION NO. :~?V.5~ A RESOLUTION of the City Council of the City of Bremerton, Washington, authorizing interfund loans to the Wastewater Utility Fund from the Equipment Rental & Reserve Fund. WHEREAS, the Wastewater Utility Fund (Fund 451) has a current cash shortfall; and WHEREAS, the Wastewater Utility Fund has a history of cash deficiencies and the Wastewater Utility Fund currently does not have sufficient resources to provide cash flow needs without interim funding support; and WHEREAS, reserve cash in an amount sufficient to meet the Wastewater Utility Fund's interim funding needs is presently on hand within the Equipment Rental & Reserve (ER&R) Fund (Fund 510) to accommodate an interfund loan through the end of 2007; WHEREAS, Pursuant to Resolution No. 2918, the City Council on January 27, 2004 authorized an interfund loan from the ER&R fund to the Wastewater Fund in an amount up to $1.5 million dollars and that so far $1.1 million dollars has been transferred; and WHEREAS, a long term financial study of the utilities has now been completed and a program of rate adjustments for the Wastewater Utility has been adopted by the City Council, and WHEREAS, the long range plan shows continuing deficits in cash flow for the Wastewater Fund until the last payment is made on the 1994 Wastewater Revenue Bonds in September 2007. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City of Bremerton's Director of Financial Services is hereby authorized and directed to extend and increase the amount of available loans funds from the ER&R Fand (Fund 510) to the Wastewater Utility Fund (Fund 451) as set forth in Resolution No. 2918 from $1,500,000 to an amount not to exceed $2,500,000 to meet the cash flow needs of the Wastewater Utility Fund. This loan shall bear interest at a rate of 2.5% per annum and shall be repaid to the Equipment Rental and Reserve Fund from the Wastewater Utility Fund on or before December 31, 2007. SECTION 2. Severabil#v. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. 150 SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington, on this . day of 2004. DAREN NYGREN, Council President APPROVED AS TO FORM: ATTEST: ROGER LUBOVICH, City Attorney PAULA JOHNSTON, City Clerk 151 DATE SUBMITTED: 10/6/04 BILL it AGENDA BILL CITY OF BREMERTON CITY COUNCIL SU~CT: Lo~ Extension ~om ~e Commi~ee Meeting Date: 10/13/04 ER&R F~d to ULID 2002-1 F~d to extend CO~CIL ~ETING Date: 10/20/04 the due date from M~ch 1, 2004 to M~ch 1, Dep~ent: PW&U 2005 Presenter: P~I Willies Phone: 473-5755 SUMMARY: There is ~ outsmding 1o~ ~om the ER&R F~d (F~d 510) m the ULID 2002-l Fund (F~d 308) in ~ amo~t not to exceed $1,056,384 ~d wi~ ~ expiration date of M~ch 31, 2004. The project is now complete ~d ~e fin~ costs ~e ~o~. The project must now ~ closed out and bonds sold to pay the bal~ce owing to ~e ER&R F~d. There have been delays in geRing the project to ~s ~int ~d ~ extension of the due date is needed. It is requested Co~cil au~ofize ~e Director of Fin~ci~ Services to extend the due date for repa~ent to M~ch 1, 2005. ATTAC~ENTS: Resolmion ~ ~ ~ q ~ FISCAL IMPACTS (Include Budgeted ~ount): The additional interest due to ~e ER&R ~nd for a 12 mon~ extension of the c~em bal~ce is estimated to cost approximately $12,500. APPROVES: , ' ...... DEPARTMENT DIRECTOR: (. ~'.~ ~ CITY ATTO~EY: ~f.~--~-- ~,~-----,, MAYOR: ~ ~- }'~ ~ 7 FISCAL/BUDGET: ~~~ ' .~~~~ ' -. CONSENT AGENDA ~ OPE~TIONS: C O~CIL P~SIDENT: ~COMMENDED MOTION: I move to approve Resolution No. S~Lauthofizing the Director of Fin~cial Se~ices to extend tM existing intend 1o~ ~om tM ER&R Fund to the ULID NO. 2002- 01 F~d in ~ mount not to exceed $1,056,384. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 152 RESOLUTION NO. ~,~(~ A RESOLUTION of the City of Bremerton, Washington, authorizing an interfund loan to the ULID No. 2002-01 Fund from the Equipment Rental Reserve Fund. WHEREAS, the City Council approved Ordinance 4837 on December 4, 2002, authorizing the formation of Utility Local Improvement District (ULID) No. 2002-01; and WHEREAS, the ULID No. 2002-01 Fund (Fund 403) needs interim financial resources in order to fund the construction of the water system capital improvements that are to provide special benefit to property owners within the boundaries of ULID No. 2002-01; and WHEREAS, such interim funding is needed within the ULID No. 2002-01 Fund until the capital improvement project has been completed, final assessment roll established and revenue bonds issued; and WHEREAS, reserve cash in an amount sufficient to meet the interim funding needs of ULID No. 2002-01 is presently on hand within the Equipment Rental & Reserve Fund (Fund 510); and WHEREAS, the City Council authorized a loan from the ER&R fund on August 13, 2003 in the amount of $1,056,384 to ULID No. 2002-01 Fund with an expiration date of March 1, 2004; and WHEREAS, the current balance outstanding on this loan is $500,000; and WHEREAS, the construction of this project is now complete but delays in its completion and closeout require this loan to be extended to March 1, 2005; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECI'ION1. The City of Bremerton's Director of Financial Services is hereby authorized and directed to extend the interfund loan from the Equipment Rental & Reserve Fund (Fund 510) to the ULID No. 2002-01 Fund (Fund 403) in the amount not to exceed $1,056,384 to cover the expenses for the ULID capital development and administration. This loan shall bear interest at a rate based on the monthly average yield from the Washington State Local Government Investment Pool, and shall be repaid to the Equipment Rental Reserve Fund fi.om ULID No. 2002-01 Fund on or before March 1, 2005. SECTIONZ Severabilit¥. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. 1 Interfund Loan - ULID 2002-01 153 SECTION3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington, on this __ day of 2004. DAREN NYGREN, Council President APPROVED AS TO FORM: ATTEST: ROGER LUBOVICH, City Attomey PAULA JOHNSTON, City Clerk R:\LEGAL~Resolutions~Public Works\Inter-Fund Loan Res. ULID 2002-01 final.doc 2 Inter fund Loan - ULID 2002-01 2§4